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THE SHORT 
CONSTITUTION 

ELEMENTARY AMERICANISM SERIES 



BEING A CONSIDERATION OF THE CONSTITUTION OF THE UNITED 

STATES, WITH PARTICULAR REFERENCE TO THE GUARANTEES 

OF LIFE, LIBERTY, AND PROPERTY CONTAINED 

THEREIN, SOMETIMES DESIGNATED THE 

BILL OF RIGHTS 



BY 



Martin J. Wade 
Judge of the United States District Court 

AND 

William F. Russell 
Dean of the College of Education, State University of Iowa 



ANNOTATIONS BY 

Charles H. Meyerholz 
Professor of Social Science, Iowa State Teachers College 



Second and Revised Edition 

AMERICAN CITIZEN PUBLISHING CO. 

Iowa City 



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Copyright, 1920 
by 

William F. Russell 

and 

Martin J. Wade 



ELEMENTARY AMERICANISM SERIES 

By Martin J. Wade and William F. Russell 
Annotations by Charles H. Meyerholz 

THE SHORT CONSTITUTION 

Second and Revised Edition. Price, $1.50 
(Ready) 

AUTHORITY AND OBEDIENCE 

THE MAKING OF A LAW 

THE SERVANTS OF THE PEOPLE 

(In Preparation) 

LESSONS IN AMERICANISM 

By Martin J. Wade 

(In Preparation) 

AMERICAN CITIZEN PUBLISHING CO. 

IOWA CITY 



SEP 15 1921 

0>CU624364 



WHAT HAS AMERICA DONE FOR ME 
AND FOR MY CHILDREN? 



This question may not be spoken, but it 
is in the hearts of millions of Americans 
to-day. 

All those who attempt to teach Ameri- 
canism to foreigners, AND TO AMERI- 
CANS, must be prepared TO ANSWER 
THIS QUESTION. IT CAN ONLY BE AN- 
SWERED, by teaching the individual guar- 
antees of the Constitution of the United 
States, and of the States, which protect life 
and liberty and property. 

IT CAN ONLY BE ANSWERED by con- 
vincing the people that this is a land of jus- 
tice and of opportunity for all ; that if there 
be abuses, they are due not to our form of 
government, but that the people are them- 
selves to blame, because of their ignorance 
of their rights, their failure to realize their 
power, and their neglect of those duties 
which citizenship imposes. 



All over the land earnest men and wo- 
men are endeavoring to teach the great 
truths of Americanism, and with substantial 
success; but those who understand human 
nature realize that the faith of our fathers 
can only be firmly established by lighting 
the fires of patriotism and loyalty in the 
hearts of our children. Through them the 
great truths of our national life can be 
brought into the homes of the land. 

And the nation will never be safe until 
the Constitution is carried into the homes, 
until at every fireside young and old, shall 
feel a new sense of security in the guaran- 
tees which are found in this great charter 
of human liberty, and a new feeling of 
gratitude for the blessings which it assures 
to this, and to all future generations. 



TA3LE OF CONTENTS 

About the Authors 7 

Preface 10 

I The Judge 's First Talk 14 

Reasons for the Study of the Constitution of the United 
States 

II Government 22 

The Purpose and Origin of Government Among Men — In 
the United States 

III Liberty 31 

Definition of Liberty and the Historical Background for It 

IV America — A Democracy 37 

The Spirit of Democracy Developed Under the Constitution 
of Our Country 

V America — A Republic 44 

A Representative Form of Government Under the Constitu- 
tion 

VI Law 50 

Necessity for Rules of Human Conduct for Guidance and 
Restraint 

VII The Constitution 63 

Personal Guarantees Grouped Under the Title "The Short 
Constitution" 

VIII Making the Constitution 75 

How the Convention of 1787 Drafted the Constitution of 
the United States 

IX Freedom 83 

How Freedom of Worship, Speech, the Press, and Assembly 
are Guaranteed 

X Military Provisions 97 

Rights of Citizens to Bear Arms — Restrictions on Quarter- 
ing Soldiers in Homes. 

XI Search Warrant and Indictment 102 

Protection of Home Against Unlawful Search and Seizure — 
Grand Jury Indictment Required 

XII Rights of Accused Ill 

Acquittal by Jury Final — Accused Not Compelled to Be a 
Witness 

XIII Life, Liberty, and Property 119 

Rights Protected by Due Process of Law — Property Taken 
for Public Use. 

XIV Criminal Trials 125 

Accused Guaranteed a Speedy Public Trial by an Impartial 
Jury of the Local District. 

5 



THE SHORT CONSTITUTION 



XV The Indictment 132 

Defendant Must be Informed Concerning the Accusation 
Against Him 

XVI Guarding Rights In Court 137 

Confronted by Witnesses — Compulsory Process — Aid of 
Counsel — Jury in Civil Trial 

XVII Punishment 146 

Prohibition of Excessive Bail or Fines, Cruel or Unsual 
Punishments, and Involuntary Servitude 

XVIII Equal Rights of Citizens 155 

All Citizens Entitled to Equal Privileges and Immunities — 
Right to Vote not Abridged 

XIX Writ of Habeas Corpus 162 

The Privilege of the Writ of Habeas Corpus Not to be 
Suspended Except in War 

XX Other Prohibited Laws 169 

No Bill of Attainder or Ex Post Facto Law May be Passed 
by Congress 

XXI Titles, Gifts, Treason 175 

Prohibition of Titles and Foreign Gifts — Treason, Trial and 
Punishment 

XXII Jury, Except In Impeachment 180 

Criminal Trials, Except Impeachment, to be by Jury — 
Equal Rights — No Religious Test for Office 

XXIII Wrongs Under King George 185 

The Story of the Colonists in the Declaration of Independ- 
ence 

XXIV Shall Any Part Be Repealed 193 

What Provisions Would You Have Taken Out of the 
Constitution 

XXV Amending the Constitution 198 

The Power of the People — What Provisions Should be Added 
to It 

XXVI Machinery of the Government 203 

The Agencies, Officers and Methods for Exercising Powers 
of the National Government 

XXVII State Constitutions. 210 

The Grant and Limitation of Power Expressed by the 
People in the Constitutions of the States 

XXVIII The Suffrage 217 

The Significance of the Ninteenth Amendment to the 
Constitution 

A Word to Teachers and Others 225 

Declaration of Independence 237 

Constitution of the United States .... 240 
State Constitution 253 



ABOUT THE AUTHORS 

For a work designed to promote education in the 
spirit of American citizenship it would be difficult to 
imagine a more competent authorship than that which 
has been provided for The Short Constitution. Either 
of the writers alone would have produced a book of 
high standing in this field ; the collaboration of the two 
makes it a remarkable production in its adaptation to 
the subject, and for home reading, the study club, and 
the school curriculum. It is unique, and has justly 
been termed ' ' the first real attempt to popularize Con- 
stitutional law. ' ' 

Federal Judge Martin J. Wade has had a varied con- 
tact with people in his long experience as practicing 
attorney, district judge, member of Congress, and 
Judge of the United States Court. A well-known Iowa 
publicist, he has gained nation-wide fame as a public 
speaker and writer on Americanization and citizenship 
topics, basing his themes on first-hand experiences with 
conditions which have produced much unrest through- 
out the nation. As a member of the State Council of 
National Defense during the world war, and as presid- 
ing judge at the trial of many obstructionists in that 
period, he conceived the idea of the need for a school of 
Americanism, to teach what our country has done 
for its citizens. Clearness and eloquence mark his pub- 
lic addresses, and have enriched the arguments and il- 
lustrations of this first book of the Elementary Ameri- 
canism series. 

Dean William F. Russell was the educational adviser 
sent with a group of experts by appointment of the 
President of the United States to advise disorganized 



8 THE SHORT CONSTITUTION 

Russia during the latter part of the world war; and 
also one of the five members of the China Educational 
Commission of North America, sent to China in 1921. 
His course of study in American Citizenship, written at 
the request of the National Masonic Research Society 
for use throughout the United States, was inspired by 
the observation that government in Russia, in contrast 
with our own, was an agency that took money for its 
coffers and boys for its armies and gave nothing in re- 
turn. In addition to his work as head of the College 
of Education of the State University of Iowa, and wide- 
ly-known lecturer on educational topics, he has found 
time to write school texts notable for accurate and 
concise statement, adapted to arousing and sustaining 
interest in the student mind. 

The authors have done more than present the facts 
about the Constitution of the United States, with par- 
ticular emphasis on its personal guarantees. They 
have vitalized a topic generally thought to be dry and 
technical. They have succeeded in making the Consti- 
tution seem to be what it is, a factor of first importance 
in the daily life of the average citizen. It is not too 
much to say that the seed of this book should be planted 
in every home in America. 

The admirable work of annotation by Professor 
Chas. H. Meyerholz, professor of Social Science in 
Iowa State Teachers College, gives much additional 
material for elementary and advanced study. Profes- 
sor Meyerholz is well known as an authoritative teach- 
er, writer, and lecturer on subjects pertaining to gov- 
ernment, and has done much valuable Americanization 
work. 

The elementary and advanced questions at the end 
of each chapter will serve as a guide to all teachers and 



ABOUT THE AUTHORS 9 

leaders of study classes. The text of the Declaration 
of Independence and the Constitution of the United 
States, with the original capitalization and punctuation 
preserved, and an abridgement of a State Constitution, 
printed at the end of the book, are valuable for 
reference. 

The Publisher 



PREFACE 

The "Short Constitution" is one of a series of 
volumes entitled "Elementary Americanism, ' ' in- 
tended for use in the home, the club, and the school and 
in general Americanization work. 

It is our hope that regular courses in "American- 
ism" will soon be established in all schools, colleges 
and universities. 

We use the term "Americanism" because we feel 
that it signifies something broader, deeper and more 
appealing than any title now used in the schools in the 
teaching of American Government, or citizenship, or 
the rights and duties of the citizens of the United 
States. 

We like the term "America" better than "The 
boundaries, codes and constitutions. "America" sug- 
gests all these and then it suggests spirit. There is 
such a thing as "Americanism." It includes all there 
is of information relating to our country; but it also 
has a soul. " Americanism" relates to democracy, into 
which enter all the elements, all the impulses and emo- 
tions of men, women and children. "Americanism" 
teaches not only the relation of the states to the na- 
tional government, and the relation of citizens to both 
the state and the national government, but it also 
teaches the relation of men, women and children toward 
each other. 

This is a Government by the people, and therefore 
we must understand the people in order that we, the 
people, may govern. 

To arouse patriotism and loyalty we must do more 

10 



THE PREFACE 11 

than develop the powers of the mind, do more than ex- 
pand the field of knowledge. We must inspire in the 
heart, faith, confidence and love. Men must not only 
learn how to govern, but they must learn how to be 
governed. We must not only learn to command, but 
also to obey. Our spirits must be so molded that we 
can submit to duly constituted authority, submission 
to which is the most lofty expression of American 
patriotism. 

Submission to authority in America is submission to 
law, for no man in this country has any authority to 
command or direct a fellow man, except as the law 
made by the people vests him with such authority. 

To inspire devotion to our country, we must arouse 
in the hearts of our people a sense of gratitude for the 
blessings which come to us because we live in free 
America, gratitude for the rights and liberties which 
we possess, which are protected by the guarantees of 
a written constitution adopted by the people them- 
selves. 

There is only one way in which the average person 
may be brought to see what America has done for him, 
and that is by contrasting the rights, privileges and 
opportunities which he has with those possessed by 
others in the same walk of life before the Constitution 
became the bulwark of the people against injustice and 
wrong. 

The aim of the " Short Constitution" is to present in 
a form as simple as possible, a definite knowledge of all 
the personal guarantees of the Constitution, with an 
explanation of what they mean, and what they have 
done in the advancement of human happiness. 

Everyone who understands human nature will admit 
that to mold the spirit, to inspire faith, and to excite 



12 THE SHORT CONSTITUTION 

gratitude training must begin in childhood. The child 
must learn : 

(a) What authority means. 

(b) The source of authority. 

(c) In whom authority rests; in the parent, in the 
teacher, and in public officers selected by the 
people to enforce the authority of the commun- 
ity, of the state, and of the nation. 

(d) How the authority of the people, the community, 
the state and the nation is expressed through 
laws which are nothing but rules of human con- 
duct. 

(e) How we should respect authority and submit to 
authority. 

(f ) How and by whom those who will not yield 
obedience to authority out of respect, will be 
compelled to obey by punishment. 

We have adopted a new method of presenting this 
subject. In this country authority is largely adminis- 
trated through the courts. Judges of the Courts con- 
strue the Constitution and the laws, and, generally with 
the aid of a jury, determine rights and wrongs and en- 
force justice through their judgments and decrees. 

We therefore feel that the subject "Americanism' ' 
presented through the spoken word of the Judge, will 
better gain and hold the attention of the pupil than in 
any other way. We have the teacher invite Judge 
Garland to deliver a series of "Talks" to the pupils, 
which are herein presented. By this direct method 
greater freedom of expression is permitted and with 
the aid of notes greater brevity is possible. In these 
" Talks' ' considerable apparent repetition will appear. 
This is essential to thorough understanding. Without 
reiteration it is impossible to accomplish our purpose 
which is not only to enlighten, but to inspire. 



THE PREFACE 13 

Our endeavor is to present the subject not from the 
standpoint of the government, but from the standpoint 
of the people. The rights of the people, are of first 
importance in a nation where men, women, and chil- 
dren are free. The state and the Nation have no rights 
except those given them by the people. Strictly speak- 
ing the Nation and the state have no ' i rights ' ' but only 
the duty to exercise certain powers in the protection of 
the liberties of the people. 

In America the rights of the people are supreme. 
The state exists for man, not man for state. 

To gain substantial results we must rely largely upon 
the industry and enthusiasm of the instructors. We are 
sure they will realize that in the "upbuilding of 
the spirit" a proper atmosphere must be created and 
maintained. Doctor Steiner wisely said, "Religion 
cannot be taught, it must be caught." In other words 
religion is of the spirit; so is patriotism. Always bear 
in mind that in presenting the Constitution ive are 
teaching human rights under the Constitution, 

It is more than 100 years since the Constitution was 
ratified and, so far as we have knowledge, this is the 
first direct attempt to translate its guarantees into the 
language of the ordinary man, woman and child. We 
demand respect for, and loyalty to the Constitution, 
but the truth is that the ordinary citizen has no knowl- 
edge of the relation of the Constitution to his life or 
to the life of his children. 

The Authors 



THE JUDGE'S FIRST TALK 

REASONS FOR THE STUDY OF THE CONSTITUTION OF 
THE UNITED STATES 

For several days there had been an air of expectan- 
cy about the school. At Monday's assembly, the teach- 
er had announced that she had persuaded Judge Gar- 
land to come to talk to the teachers and pupils about 
the constitution of their country and about the law, 
the rights, the powers and duties of the people. A 
real live judge was coming ! Most of the children had 
never seen a judge. The word inspired a sort of dread. 
They had read of men being sentenced to prison. They 
expected to see a fierce, hard hearted man. Some of 
the younger children had wondered if it would be 
possible to stay away from assembly room when the 
judge was there. But the teacher said that everyone 
should be present. So important was the subject that 
the teachers were to be there, too; and many fathers 
and mothers that could spare the time were also invited. 
The principal had said that he would not miss a meet- 
ing. 

So when Friday came the assembly room was crowd- 
ed. All the pupils and teachers were there, and in the 
rear of the room were a few of the parents. The door 
opened and the principal of the school entered. By his 
side was a man whose gray hair and serious counte- 
nance told of years of responsibility. He did not ap- 
pear "fierce." Rather his face was kind and his eyes 
twinkled as he ascended the platform and stood look- 
ing out over the faces before him. 

14 



THE JUDGE'S FIRST TALK 15 

The principal introduced Judge Garland who 
bowed and said : 

Well my friends, I am glad to see you. I am de- 
lighted to be back in a school room again. It is many 
years ago, though it seems but a short time, since as a 
schoolboy I sat in a school room like this, among boys 
and girls like you. I suppose that I studied about as 
you study, and did not recite any better than you re- 
cite. I thought I had to work very hard, and I re- 
member that I often looked out of the open windtfw 
of the school room when the summer sun was warm, 
and I thought I could hear the trees and the grass, 
and the stream, even the fish, calling me to quit study 
and come out to joy and freedom. I know it was a real 
temptation. I could have had a good time, but I 
have often been glad since, that I obeyed my teacher, 
my parents, and the law, and continued my studies in 
school. I am glad, because I now realize how much 
easier, how much happier, and how much more useful 
my life has been because I did not listen to the voice 
of temptation which called me from work to play. 1 

Since those pleasant school days I have seen much 
of human life. On the bench now over twenty-five 
years, I have been compelled to deal with all sorts of 
people, even the little children who early in life some- 
times drift from the path of right to ways of wicked- 
ness. I have served as Judge of the Juvenile Court, 
and Judge of the Court in which the worst criminals 
are tried. I have heard the cases of thousands of per- 
sons on trial for crimes, men and women, young and 
old. I have sent hundreds to prison, and I have been 
compelled to sentence some to death. 

In this experience, I have learned something of how 
easy it is, unless we are on our guard, to sin against 



16 THE SHOKT CONSTITUTION 

the laws of our country, and against the laws of God. 
I have observed that the average person does not fully 
appreciate the value of liberty until he is about to lose 
it. 2 

I also know that most people do not know the worth 
of the protection which our Constitution gives to each 
one of us, until someone is about to take away their 
right to life, or to liberty, or to property; and then 
they cry out for help. If they are right in their appeal, 
they always find help in the constitution and in the 
law of the land. Yet it is true that there is much real 
ignorance about our country, our Constitution, and our 
laws. There is even much ignorance of these things 
among people who are supposed to be well educated. 

So I was pleased when your teacher came to me the 
other day asking me to come to your school a couple 
of times a week, to talk to you about our country, our 
Constitution, and our laws. I am happy to be able to 
comply with her request. It is a difficult subject for 
children, and yet children must study these things, and 
learn them. There is no more important subject/ 

One of the chief objects of furnishing free education 
to children, rich and poor, is to make of them good law- 
abiding citizens ; citizens who know what authority is ; 
citizens who will obey the voice of authority; citizens 
who realize that authority in this country rests in the 
people themselves ; citizens, men and women, who re- 
alize that they owe a duty to their country and their 
fellow men, to do all they can to keep America the most 
free and the most just country in the world. 4 

No American child should leave school without a full 
knowledge of the government of our country; nor un- 
til he has in his heart, loyal devotion to America, and to 
the Stars and Stripes, the emblem of the free. 



THE JUDGE'S FIRST TALK 17 

Of course I do not expect you to learn all there is 
to be known about your government. However I do 
expect you to know the great fundamental truths which 
after all are very simple and easily understood. 

I am not endeavoring to make lawyers. I am not 
trying to train you to become lawyers. You know nearly 
all the children in the American schools have to learn 
something about physiology and hygiene, but not in 
order to become doctors. They study physiology and 
hygiene in order to understand the ordinary rules of 
health, so that they may protect themselves as far as 
possible against disease and take care of their bodies 
intelligently. Of course sickness will come. Then you 
must call the doctor. 

"Well, so it is in this course. I want you to know 
enough about your government, your Constitution and 
your laws, (because these things are yours) so that 
you, as members of this great society called America, 
will be able to understand your rights and duties, your 
privileges, your opportunities and your obligations. 
Sometime in your life your problem may become so 
difficult, or your rights may become so endangered, 
that you will have to call upon a lawyer, just as when 
illness comes you call upon your physician. 5 

No one knows anything of real worth about his 
country until he knows its Constitution. No one can 
have in his heart a full measure of gratitude for the 
blessings of living in a free country, until he knows 
of how fully the Constitution guards everything, every 
right and privilege which we hold dear. So we shall 
enter upon the study of the Constitution of our country. 

But in order that you may better understand the 
Constitution of your country, in order that you may 
better study the problems which will be presented to 



18 THE SHORT CONSTITUTION 

you in this course, it is necessary for you to under- 
stand something in a general way at least, of four 
separate things — Government, Liberty, Authority 
and Law. So before talking to you of the Constitution, 
I shall talk to you on these subjects. 6 

I know it isn't going to be easy for you at first to 
understand some of the words and expressions which 
it is necessary for me to use. It will be necessary for 
me to repeat to some extent, from time to time, but I 
feel satisfied that if we will work together in the right 
spirit, you will find the matter interesting; and I am 
sure that the great truths, the great principles of life, 
conduct and action, will soon become clear to your 
minds. 

The important thing to realize at all times is that 
we are not talking about something away off in which 
we have slight interest, but that we are talking of 
things which are ours, which affect every one of us, not 
in the future, but now. 

I can recall a number of faces of men who have been 
before my Court charged with crimes, who in childhood 
were sitting where you are sitting to-day. I have sen- 
tenced some of them to long terms of years in the peni- 
tentiary. I was compelled to take away from them 
their liberty, because they had shown themselves un- 
worthy, and had shown themselves rebels against the 
authority of their country. 

On the other hand, I recall those who came into 
Court, seeking protection of their rights against wrong 
doers — against those who would take away their prop- 
erty, the earnings perhaps of a life time ; and in Court 
they found protection, justice, and right. But in ad- 
ministering justice and right, the Court was only ap- 
plying the principles of the Constitution of our country, 
which we are about to study. 



THE JUDGE'S FIRST TALK 19 

So let us enter upon this work with a determination 
to succeed in our undertaking. You know that has a 
great deal to do with our success in life — a determina- 
tion to succeed. 

When you boys take your baseball team to play the 
team of some other school, you start for the baseball 
park determined to win the game, and if you keep up 
this spirit, you probably will win the game. In any 
event, you play a real game of which your friends are 
proud. That is the way to meet all the problems of life, 
whether in the school room, or out in the world, after 
you have entered upon the great battles of life. 

NOTES AND COMMENTS 

1. Boys and girls often do not realize the value of an educa- 
tion as a preparation for success in life. The following figures 
from an educational authority, show what education does for a 
boy or a girl. 

(a) Less than three per cent of the people of the United 
States have a college education, but this three per cent furnishes 
59 per cent of the men and women called successful. Fourteen 
per cent come from those having had some college training. 
This shows that nearly three-fourths of all men and women in 
the United States called successful have had some college train- 
ing. 

(b) During the past ten years Massachusetts has given all 
her children a minimum of seven years of schooling, while Ten- 
nessee has given her children but three years. The Massachu- 
setts citizens produce per capita $260 per year, while the Ten- 
nessee citizens produce per capita $116 per year. 

(c) Of the 55 members attending the Federal Convention 
that made the Constitution of the United States in 1787 > thirty 
had attended college and twenty-six had college degrees. Of the 
forty state officers in Iowa in 1918, thirty were college graduates, 
seven were graduates of high schools and only three had less than 
a high school education. 

(d) The child with no schooling has one chance in 150,000 
of performing distinguished services; with elementary education 
he has four times the chance; with high school education he 
has eighty-seven times the chance; with college education he has 
eight hundred times the chance. 

(e) Every boy and every girl should stick to his school work 
until he at least graduates from a fully accredited high school. 

2. "Law can do nothing without morals." — Franklin. 
"Through the whole of life and the whole system of duties, 

much the strongest moral obligations are such as were never the 
results of our option." — Edmund Burke. 



20 THE SHOET CONSTITUTION 

"To do evil that good may come of it, is for the bungler in 
politics as well as in morals." — Franklin. 

"Duty is not collective; it is personal." — Calvin Coolidge. 

3. "Ignorance of the law excuses no man." — Selected. 
"Knowledge is in every country the surest basis of public hap- 
piness." — George Washington. 

4. "The thorough education of all classes of people is the most 
efficacious means of promoting the prosperity of the Nation. The 
material interests of its citizens, as well as their moral and intel- 
lectual culture, depend upon its accomplishment." — Robert E. 
Lee. 

"In a Republic education is indispensable. A Republic with- 
out education is like the creature of imagination, a human being 
without a soul, living and moving blindly, with no just sense of 
the present or the future." — Charles Sumner. 

"Without popular education, no government which rests upon 
popular action can long endure. The people must be schooled in 
the knowledge, and if possible in the virtues, upon which the 
maintenance and success of free institutions depend." — Woodrow 
Wilson. 

5. "Where the State has bestowed education, the man who ac- 
cepts it must be content to accept it merely as charity, unless he 
returns it to the State in full in the shape of good citizenship." — 
Theodore Roosevelt. 

6. "Government-Liberty-Authority-Law — the man or the wo- 
man who fails to appreciate the true meaning of these terms, lacks 
the training necessary to be a good citizen in a Republic." — 
Abraham Lincoln. 

"We need more of the office desk and less of the show-window 
in politics. Let men in office substitute the midnight oil for the 
lime-light." — Calvin Coolidge. 

ELEMENTARY QUESTIONS 

1. Did you ever see a judge? Would you be afraid of a judge? 
Why? 

2. What are the duties of a judge? 

3. Why did the judge say "But I have often been glad since, that 
I obeyed my teacher, my parents, and the law, and continued 
my studies in school." Why do boys and girls go to school? 
Why is the public willing to pay large sums of money to pay 
teachers, buy books, build school buildings, and keep them 
open? 

4. What law was it that the judge said he was glad that he had 
obeyed? 

5. Why did the judge send hundreds to prison? Why was he 
compelled to sentence some to death? 

6. What are the advantages of staying in school? What more 
do you know when you graduate from elementary school than 
those who quit earlier? Should one try to graduate from high 
school? Why? 

7. The judge says that one of the chief purposes of school is to 
make good, law-abiding citizens. Think of some person you 



THE JUDGE'S FIRST TALK 21 

know who is a "good, law-abiding citizen"; think of some one 
who is not; name five ways in which they are different. 

8. Have you read the Constitution of the United States? Should 
a good, law-abiding citizen know what is in the Constitution 
of the United States? 

9. The judge says that we owe a duty to our country. List five 
duties that a school pupil owes to his father and mother, five 
that he owes to his teacher, and, if you can, list five duties 
that all of us owe to our country. 

10. The judge says that the Constitution guards every right and 
privilege that we hold dear. Can you name any rights or 
privileges that you hold dear? 

ADVANCED QUESTIONS 

A. Why do we say that the United States is the "land of the 
free"? Why does the judge say that it is the most free and 
just country in the world? 

B. How are judges selected? To whom are they responsible? 
What are their duties? 

C. What are likely to be the results of poor schools? 

D . Should a parent have a right to give a child a& poor an educa- 
tion or as little schooling as he may desire? 

E. Why do some States require children to study physiology and 
hygiene? Is there as good an argument for a study of the 
Constitution? 

F . Why does the judge say "No one knows anything of real worth 
about his country until he knows its Constitution?" 

G.The judge says that good citizens know what authority is. 
Give an illustration of a child, a student, and a citizen who 
knows what authority is. Define authority. Give an illustra- 
tion of a man who does not respect authority. 

H. When is a country a "free country"? What is a "just 
country"? How can a judge justify himself in a free country 
when he sends some men to prison, thereby taking away their 
freedom? 

I . How can an American protect his liberties? What steps must 
he take? 

J. Prepare a paper on one of the following subjects: 
The Advantages of Staying in School 
One Law-abiding Citizen That I Know 

What One Man I Know Knows About the Rights and Privi- 
leges of the American Citizen Under the Constitution 
Why Everyone Should Study the Constitution 
What a Law is, Where It Comes From, and Its Value 



II 

GOVERNMENT 

THE PURPOSE AND ORIGIN OF GOVERNMENT AMONG 
MEN— IN THE UNITED STATES 

It is a little difficult even for grown people to under- 
stand clearly what is meant by "the government. ' ' 
They have so many absurd notions about what the 
government is, and where it is, that I do not wonder 
that children do not understand. If I could look into 
the mind of each child here this morning, I am sure I 
would find many that picture the capitol at Washing- 
ton, the President or some other officer as being the 
government. Now the capitol and the President and 
the Congress and the Supreme Court of the United 
States and all other national officers are part of the 
government, but they are not the government. 1 

The government of the United States is merely the 
agency by which and through which the people protect 
their own rights and liberties. Our government may be 
said to be the organized will of all the people. The 
people govern in this country, and the men and the 
means by which they govern all combined may be said 
to be the government. But do not ever forget this 
fact : the President is not a master, but a servant. The 
President, senators, congressmen and judges, in the 
nation; the governors, senators and members of the 
legislature in the states are only agents or servants 
of the people to carry out the people's will. Also do 
not forget that the power of government does not rest 
in Washington, the capital of the nation, nor at the 

22 



GOVERNMENT 23 

capitals of the different states. The power of govern- 
ment exists all over these United States. The power 
of government exists right in the homes and hearts of 
the people. 2 

The President has no power except that conferred 
upon him by the Constitution and the laws which the 
people have adopted. Neither have the senators, the 
congressmen nor the judges any power except that 
given by the people, and the people at any time can 
take away any part of the power given. When I say 
the people, I mean of course all the people. Not that 
all the people must agree to any law to have it enacted. 
The majority of the people make the laws as a rule. 
We shall take this up later and consider it fully. Gov- 
ernment is power to exercise authority. Authority is 
in the people, and the authority of the people is ex- 
pressed as they want it in laws which they make. 

But what is government for? Why have any govern- 
ment? 

Government is organized to protect human rights. 3 
Perhaps if you were a giant possessed of wonderful 
wisdom you would not need any law to protect your 
rights because you would be big enough, powerful 
enough and wise enough to resist any person who 
might undertake to interfere with your rights ; but we 
are not all giants and we are not all wise. In fact there 
are very few giants in the world. It is true, however, 
that some are bigger and stronger than others; and 
sometimes these big, strong people are selfish, wicked 
or envious. They see that a weaker person has some- 
thing which they want, and being big and strong, if 
there were no law to restrain them, they would take it. 

Now if you have a bicycle and some full-grown, 
strong, brutal man were to come into your yard, take 



24 THE SHORT CONSTITUTION 

your bicycle and start away with it, what would you do ? 
You might protest. You might beg him not to take 
your property, but this would probably do no good. 
A thief does not stop when he is asked to by the owner 
of the property he is stealing, nor is a thief influenced 
by the fact that his act is wrong. In fact doing wrong 
is the business of a thief. 

So there being many strong people in the world 
and many weak people ; there being many wise people 
in the world and many simple people ; there being the 
full grown and the children, and there being many, 
many people who are not guided by rules of right or 
morality or justice; you can see how necessary it is 
that someone shall provide rules and regulations under 
which the weak, the simple, and the young may be pro- 
tected from the strong, the brutal, the wicked who 
would deprive their neighbors of their rights or their 
property, simply because they had the power to do it. 
This is what the government does. 

There have been times in the world, hundreds and 
thousands of years, during which the strong governed 
the weak, made the weak their slaves, took from the 
weak the earnings of their toil; but our government 
exists for the very purpose of restraining the strong 
and protecting the weak, equalizing all so that their 
rights are equal. Every man is free and no man is a 
slave. 

Therefore always keep in mind that the purpose of 
government is to protect the people of all classes and 
ages so that, so far as possible, all may be equal in 
their right to do the things they want to do, own the 
things they want to own so far as they are able to pro- 
duce or procure them, think the things they want to 
think and speak the things they want to speak. In other 



GOVERNMENT 25 

words, government is to protect our freedom against 
the wrongs of others. 

Now we must not have the notion in our mind that 
the government has anything to do with who shall work, 
or who shall play or who shall idle. Occupations in life 
are not selected by the government. Each person de- 
termines this for himself. That is one of the privileges 
which we have in a free country, to select our own 
occupations ; and as you go through life you will find 
that what appear to be the higher or better occupations 
are usually earned by industry, faithfulness and 
honesty. 4 

I am going to talk to you some day about occupa- 
tions in life so that you will understand that our place 
in life is selected by ourselves, determined by our 
efforts and our conduct. I want you to start out in 
life with such a knowledge of these things that you 
will never blame your country if you do not like your 
job. 

But how did our government come into existence? 
What iv as the beginning? Well, it is all very simple 
if we only get right down to elementary principles, if 
we only " begin at the beginning." Perhaps your 
father is a Woodman, or an Odd Fellow, or a Knight 
of Columbus. Perhaps he is a member of the Amer- 
ican Federation of Labor. Perhaps your mother be- 
longs to the Eastern Star, or the P. E. O. Society. Per- 
haps you belong to some school fraternity, debating 
society, or neighborhood club, the Boy Scouts, or the 
Camp Fire Girls. 

Now let us go back a few years. None of these so- 
cieties were in existence. Where did they come from? 
Well, one day, years ago, a few men and women, or 
boys and girls, met perhaps in some home, or the office, 



26 THE SHOET CONSTITUTION 

and talked over the plan which perhaps had been sug- 
gested by some one present at the meeting. After 
discussion, it was decided to form an organization. I 
have no doubt that most of you have had such an ex- 
perience. The beginning of each society was merely 
an idea in the mind of some one. He or she talked 
of it to some one else, and the discussion extended 
until enough of interested persons came together to 
complete an organization and give it a name. 

What was the first step in perfecting the society 
or organization? It was the preparation of a written 
statement of the purposes and principles of the organ- 
ization, which is usually called a constitution. When 
the constitution was completed, usually by a committee, 
all those about to become member of the society met 
and talked it over. Changes probably were made, and 
against it, but those who did vote against it recognized 
that they should be bound by the judgment and will of 
the majority. 5 

There was also adopted, then or later, laws, or by- 
laws, as they are generally called, to govern the conduct 
of the members in their relation to each other and to 
the society. These by-laws have been amended from 
time to time ever since, and perhaps at all times some 
of the members have believed that the by-laws should 
be different, but they have submitted to the will of 
the majority. 

So with the United States. There was a time less 
than one hundred and fifty years ago when there was 
no such thing on earth. A comparatively few men, rep- 
resenting the people of the former Colonies, decided to 
form a Nation, and in the Constitutional Convention, 
after months of discussion, the Constitution was 
adopted, and was finally ratified by the people of the 



GOVERNMENT 27 

States. "While many persons opposed some of the pro- 
visions of the Constitutions, all submitted to the will 
of the majority. 

Thereafter, rules of conduct, called laws — in your 
society by-laws — were adopted, and from time to time 
changed and extended as circumstances seemed to de- 
mand. We are going to talk about these laws in a few 
days. 

But there is the whole story. There is the simple be- 
ginning of this now great nation, the most powerful 
on earth. 

So you see there is nothing mysterious about the 
origin of our Constitution. There is nothing myster- 
ious about the origin or the organization of this gov- 
ernment. The important thing to bear in mind is, that 
it was formed by the people for themselves. Humanity, 
after thousands of years, had reached a point where 
they refused longer to be governed by a king or similar 
ruler. 

All this will become more clear to you as you under- 
stand something of the nature of liberty and of law. 

NOTES AND COMMENTS 



1. "Government is the aggregate of authorities which rule a 
society." 

"Government is that institution or aggregate of institutions by 
which society makes and carries out those rules of action which 
are necessary to enable men to live in a social state, or which are 
imposed upon the people forming that society by those who pos- 
sess the power or authority of prescribing them." — Bouvier Law 
Dictionary, I. p. 891. 

2. Government is the organized means and power that a state 
or nation employs for the purpose of securing the rights of the 
people, and of perpetuating their own existence. 

The real aim and purpose is well stated in the preamble to our 
Constitution when it says — to form a more perfect union, estab- 
lish justice, insure domestic tranquility, provide for the common 
defense, promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity. 

Government can never rise higher than the ideals of the people 



28 THE SHORT CONSTITUTION 

who compose the government. Good governments are the pro- 
ducts of good people. Good governments can only exist where the 
people are intelligent and upright in character, and where each 
citizen is willing to guard the rights and privileges of others as 
well as those of himself. 

This Government of the people, by the people, and for the peo- 
ple, shall not perish from the earth. — Lincoln. 

3. The object of government is to protect the citizens of a 
country and to promote their general welfare, and it is composed 
of the officials who care for the public interests of the citizens. 

Under Republican Government, the weakest citizen enjoys the 
same rights and privileges as do the strongest citizens, the poorest 
have the same protection given to the richest, the most humble 
man or woman has a chance to become the head of his or her 
government and to lead the nation among the most powerful na- 
tions in the world. 

"Brains and character rule the world. There were scores of 
men a hundred years ago who had more intellect than Washing- 
ton. He outlives and overrides them all by the influence of his 
character." — Wendell Phillips. 

"The true greatness of nations is in those qualities which con- 
stitute the greatness of the individual. " — Charles Sumner. 

4. "There is always hope in a man that actually and honestly 
works. In idleness alone is there perpetual despair." — Carlyle. 

"He that hath a trade hath an estate, and he that hath a calling 
hath an office of profit and honor." — Benjamin Franklin. 

"If you have the great talents, industry will improve them; if 
moderate abilities, industry will supply their deficiencies." 
Joshua Reynolds. 

"Other nations have received their laws from conquerors; some 
are indebted for a constitution to the suffering of their ancestors 
through revolving centuries. The people of this country, alone, 
have formally and deliberately chosen a government for them- 
selves, and with open and uninfluenced consent bound themselves 
into a social compact. Here no man proclaims his birth or wealth 
as a title to honorable distinction, or to sanctify ignorance and 
vice with the name of hereditary authority. He who has most 
zeal and ability to promote public felicity, let him be the servant 
of the public." — John Adams. 

"The basis of our political system is the right of the people to 
make or alter their constitution of government." — George Wash- 
ington. 

"Let us then, fellow citizens, unite with one heart and one 
mind and labor for the welfare of the country." — Thomas Jeffer- 
son. 

"The Declaration of Independence and the Constitution of the 
United States are parts of one consistent whole, founded upon 
one and the same theory of government,-^-that the people are the 
only legitimate source of power, and that all just powers of 
government are derived from the consent of the governed." — 
John Quincy Adams. 

5. This description almost perfectly fits the making of the 
Mayflower Compact in the Cabin of the ship Mayflower on Nov. 
11th, 1620. Those Pilgrim Fathers drew up an agreement which 
was the first attempt at a written constitution in the New World. 



GOVERNMENT 29 

The Fundamental orders of Connecticut of 1638, is generally 
conceded to be the oldest real constitution in America. 

ELEMENTARY QUESTIONS 

1. What is the government of the United States? Why isn't the 
capitol at Washington the government? Why is it impossible 
to point out the government of the United States upon the 
map? 

2. What is a servant? Describe a servant? Why does the 
judge say that the President of the United States is only a 
servant of the people? 

3. Was the Kaiser a servant of the German people? Why not? 

4. Where does the President get his power? Where do members 
of Congress get their power? Judges? The Sheriff? The 
Mayor? 

5. If we do not like what our servants do, how can we control 
them? 

6. What is government in a school? In a club? What would it 
be like if there were no government in either? Name five 
advantages of having a government. 

7. Suppose that you were like Robinson Crusoe, except that five 
of you were shipwrecked. Would you form a government? 
Why? 

8. If you were to write a Constitution, what would you include? 

9. Suppose that a man came into your yard and tried to steal 
your bicycle, what could you do to protect your rights? 

10. Do all people do what they think is right? How can you tell 
what is right and wrong? 

ADVANCED QUESTIONS 

A. What is the purpose of government? 

B. Why is it wrong for the great and powerful to govern the 
small and weak? Does might make right? 

C. Which would be the better government, one based upon might 
makes right, or one based upon right makes might? Why? 

D. How can right make might? 

E. In a free country can the government prescribe what occupa- 
tions in life the people must follow? How are the higher and 
better occupations acquired in America? 

F. How did the American government come into being? 

G. How would you organize a Literary Society? List the steps in 
detail. Would you have a constitution? What should be 
included in any constitution? 

H . Discuss the effect of a sudden breakdown in government. 
I. What were the first steps in the actual organization of the 
government of the United States? 



30 THE SHORT CONSTITUTION 

J. Write a paper on: 

The Ways in Which the Postmaster, Superintendent of Schools, 

Sheriff, Coroner, or Judge Serves the People 

Why We Cannot Locate Our Government On the Map 

The Advantages of Having a Government 

What a Constitution Should Include 



Ill 

LIBERTY 

DEFINITION OF LIBERTY AND THE HISTORICAL BACK- 
GROUND OF THE STRUGGLE FOR IT 

I hope that we now all understand that the purpose 
of government is to maintain the liberty of the people. 
I wish that every child would learn from the Declara- 
tion of Independence the following : 

"We hold these truths to be self-evident, that all 
men are created equal, that they are endowed by their 
Creator with certain unalienable Rights, that among 
these are Life, Liberty and the pursuit of Happiness. 
That to secure these rights, Governments are insti- 
tuted among Men, deriving their just powers from the 
consent of the governed." 1 

This expresses the whole purpose of government, 
to secure the right to life, to liberty, and to happiness. 

I suppose every child here would like to be rich some 
day. A great many people feel that riches bring happi- 
ness. The experience of men however is, that riches 
more often bring disappointments, burdens, and grief. 

What is the most valuable thing in the world? It 
is not money, lands, nor jewels. The most valuable 
thing in the world is human liberty. I do not believe 
that we, born here in America, realize the value of 
human liberty. It comes to us as a heritage. We ac- 
cept it as we accept the sunlight, the springtime, the 
harvest. I am afraid that we seldom stop to recall the 
fact that the great blessing of human liberty, as we 
have it here in America, did not exist before our nation 

31 



32 THE SHORT CONSTITUTION 

was born. Always remember that there were thous- 
ands of years before our country came into being, 
when the people, men, women and children, living in 
many countries of the world and under many forms of 
government, dreamed, hoped, and prayed for freedom. 
But it never came to them. They lived, labored, and 
died under kings and emperors, or other rulers, never 
having any power, or at most, very limited power, in 
making the laws under which they were compelled to 
live. 2 

To a considerable extent, the history of the world 
is a sorrowful story of men who fought and died in 
struggles for liberty, the same liberty which we in this 
country enjoy. We must not forget that freedom in 
this nation was obtained only through war, bloodshed 
and sacrifice. 

Now what is this liberty for which men have fought 
and died? It is liberty of thought, liberty of speech, 
liberty of conscience, liberty of action, liberty, as the 
Supreme Court of the United States says "of all the 
faculties". Men wanted the right to form their own 
opinions, and to express them in speech or in writing. 
They wished to worship God according to the dictates 
of their own consciences, and not as directed by the 
ruler of the government. They wanted to work in em- 
ployments of their own choice ; to have their own earn- 
ings for themselves and their families, instead of hav- 
ing it taken as tithes or taxes to buy purple robes for 
some monarch upon a throne. They wanted the right 
to own property, to own a home ; and they hoped and 
prayed for the day when their children might have a 
chance to advance in life according to their merits. 
They hoped some day to have the door of opportunity 
open to the son of the poor man as well as the rich. 
They hoped to see class and privilege wiped away. 3 



LIBERTY 33 

These were the things that men and women through- 
out the centuries struggled for, but which were never 
attained in the whole history of the world, by any race 
or by any nation, until America opened its doors to all 
the peoples of the earth, guaranteeing to them all the 
blessings which have been so long denied to the human 
race. 

You will understand better the functions of 
government with relation to human liberty, if you will 
realize that human liberty is a natural right. It comes 
from no man and no government. It is " God given. ' 9 
Men are born free. The love of freedom is in every 
human heart. Again recall the words of the Declara- 
tion of Independence — "All men are created equal.' f 
1 ' They are endowed by their Creator with certain un- 
alienable rights, ' ' among which is liberty. 

America does not confer liberty upon the individual. 
America realizes that the individual possesses the 
right to liberty, and the whole structure of the Amer- 
ican Government is framed with the special purpose 
of protecting each individual in his natural liberty. 4 

Now there is no danger to the liberty of any one 
except from one of two sources, the wrong of a fellow- 
man, or the wrong of the government, which in this 
country is a mere organization of men and women and 
children. Here we see emphasized the necessity for law 
in order to protect the liberty of the individual. Gov- 
ernment is organized to protect individuals in their 
liberties. This protection is furnished by laws enacted 
by the people to protect the weak against the strong, 
the good against the evil ; and in this country the same 
law applies to every individual. There are no special 
laws for special classes ; every one is equally interested 
in having these laws as just and fair as possible. Lib- 



34 THE SHORT CONSTITUTION 

erty under law is the privilege of doing everything 
one wishes to do, except in so far as his acts may inter- 
fere in some way with like privileges of those who are 
about him in society. 

Therefore always keep in mind that the great 
achievement of those who founded America was the 
establishment of a nation where liberty would have a 
home. Of course liberty could not be fully established 
in this country until the nation was fully established — 
until the Constitution was adopted — until laws were 
enacted; but from the adoption of the Constitution 
to the present time the people have enacted laws from 
time to time, and still enact laws, the better to protect 
every man in his liberty, to enlarge his opportunities 
in life. 

Now in order to understand clearly how the liberties 
of the people are protected through our government, 
we must understand the nature and form of our govern- 
ment; and this subject we must take up at our next 
meeting. 

NOTES AND COMMENTS 

1. When Jefferson wrote "all men are created equal", he did not 
mean that all infant children have equal capacities for learning 
or accomplishment, but that all children ought to be given 
equal opportunities by the government of a Republic. He meant 
that in a Republic all children, whether rich or poor, whether of the 
aristocracy or of the common people, had great opportunities to 
be good and great men and women. He meant that a poor boy 
born in the Kentucky mountains and a rail splitter in the woods 
of Illinois had the opportunity to become President of the United 
States. 

"The Declaration of Independence was not a mere temporary 
expedient, but is an enunciation of fundamental truths intended 
for all time." — William J. Bryan. 

"Fourscore and seven years ago our fathers brought forth upon 
this continent a new nation, conceived in liberty, and dedicated to 
the proposition that all men are created equal." — Abraham Lincoln. 

"Where slavery is, there liberty cannot be and where liberty is, 
slavery cannot be." — Lincoln. 

"Respect for its (the Government's) authority, compliance with 



LIBERTY 35 

its laws, acquiesence in its measures, are duties enjoined by the 
fundamental maxims of true Liberty." — George Washington. 

"Liberty — on its positive side, denotes the fulness of individual 
existence; on its negative side it denotes the necessary restraint 
on all, which is needed to promote the greatest possible amount of 
liberty for each." — Bouviers Law Dictionary, p. 217. 

2. "Other nations have received their laws from conquerors: 
some are indebted for a constitution to the sufferings of their 
ancestors through revolving centuries. The people of this country, 
alone have formally and deliberately chosen a government for 
themselves, and with open and uninfluenced consent bound them- 
selves into a social compact. Here no man proclaims his birth or 
wealth as a title to honorable distinction, or to sanctify ignorance 
and vice with the name of hereditary authority." — John Adams. 

3. "Liberty means freedom in the enjoyment of all one's facul- 
ties in all lawful ways, the liberty to earn a livelihood by any 
lawful calling, the liberty to live and work where one wills." — 
Allgeyer vs. Louisiana, 165 U. S. 578. 

4. Civil liberty is the liberty belonging to men in organized 
society. It is liberty defined, regulated and protected by positive 
law of the State or recognized as existing under customary law." 
— Cyclopaedia of Am. Gov't. Vol II, p. 347. 

The American people are a peculiar people. They are peculiar 
in their origin, peculiar in their make-up, and due to their suffer- 
ings, their persecutions and their enduring perseverance, they are 
still a peculiar people. From the first white man to steer his 
little wooden ship westward across the great Atlantic ocean — to 
the latest arrival among the most recent immigrants — the people 
coming to America have been different from those people remaining 
in their European homes. The conditions surrounding the lives 
of those people in Europe who left their homes and first settled in 
America, were not materially different from the conditions sur- 
rounding the lives of thousands of other people who were satisfied 
and content to remain on their European shores. Many men 
thought the earth was round long before Christopher Columbus 
sailed away from that little seaport town in Spain to test his own 
ideas of finding a shorter route to India. Many people believed 
in religious liberty long before the Pilgrims and Puritans landed 
on the bleak New England shores and suffered the hardships of 
first settlers in a new country in order to worship God as they 
pleased. Many people seriously and intelligently doubted the 
divine right of kings, and believed in the rights of the people to 
govern themselves, long before the American colonists adopted 
the Declaration of Independence. But it was left for these people 
— these coming Americans — to demonstrate to all the world — that 
America was to be peopled by men and women of different ideals, 
different hopes, different ambitions, from all the other nations of 
the world. 

ELEMENTARY QUESTIONS 

1. What is your idea of the right to "life"? Does it mean that 
no one shall ever be sentenced to death for murder? 

2. What is your idea of the right to "property"? Does this mean 



36 THE SHORT CONSTITUTION 

that everyone shall be wealthy? Does it mean that everyone 
shall own his own home? 

3. What is your idea of the right to "pursuit of happiness"? Does 
this mean that everyone can do as he pleases? 

4. Why does the judge say that liberty is the most valuable 
thing in the world? What would you trade for it? 

5. Note the dangers to liberty that the judge points out. What 
are they? 

6. Give an illustration of each of these dangers. 

7. How may we protect ourselves against these dangers? 

8. Where does this liberty that we enjoy come from? Who 
grants it? 

ADVANCED QUESTIONS 

A. In what particular ways does the Constitution of the United 
States guarantee liberty? 

B. What forms of government existed before the United States? 
What liberties did the people of Russia, or France, or England 
enjoy in 1600? 

C. Who really possesses the power of government in the United 
States? 

D. How is the liberty of the individual protected in the United 
States? 

E . In what ways were the people of Massachusetts in 1650 not as 
free as we are to-day? 

F. What does it mean when we say "All men are created equal"? 

G. Discuss the real meaning of the right to "Life, Liberty and the 
pursuit of Happiness". 

H. Write a paper on: 

Ways in Which We Have an Equal Chance 

How We Can Make Chances Still More Equal 

"I hope to see the time every American citizen will have an 

unfettered start and an equal chance in the race of life." — 

Lincoln 

The Meaning of Liberty 

A Week in a Land Where There Is No Liberty 



IV 

AMERICA— A DEMOCRACY 

THE SPIRIT OF DEMOCRACY DEVELOPED UNDER THE 
CONSTITUTION OF OUR COUNTRY 

It is not sufficient that we shall know what govern- 
ment is, and where it is. We must also understand 
its nature. It is the proud boast of America that it 
is a democracy, the first real democracy in the world. 
Now what is meant by a democracy? We hear much 
about democracy, and we hear much about republican- 
ism, and many people when they hear or see these 
terms, think that it has to do with the democratic or re- 
publican political party. We must not be confused. We 
must see and think clearly. Democracy and repub- 
licanism, as we use the terms in these talks, have no 
reference to any political party, but relate solely to the 
form of government under which we live. 

America is a democracy. It is also a republic, as we 
shall see in our next talk. It is very important that 
we shall understand why it is a democracy, and why 
it is also a republic, and the distinction between the 
two. 

It has been well said that republicanism in govern- 
ment ' ' refers rather to the form of government 9 % and 
that democracy refers to the ' ' spirit of government. f ' 
In government as with the people the spirit is the real, 
important thing. In a democracy the people govern. 
"A government of the people, by the people, and for 
the people," as Lincoln expressed it, is a democracy. 
In a democracy, no man is the master of another man 
without his consent. In a democracy there are no 

37 



38 THE SHORT CONSTITUTION 

slaves. In a democracy each and all have equal rights. 
Every one in a democracy has an equal opportunity 
with every other person. 

You have already learned that in this country the 
people make the laws. In the making of laws, the 
banker and the man who digs in the sewer have the 
same power. Each has one vote on election day, and 
no more. America has no rulers except the people. In 
a democracy the spirit of all should be one of toleration 
and kindness. All of us cannot have things just as we 
want them in this world. Men do not all agree, so we 
must let the majority of the people rule. But the ma- 
jority should not have any feeling of superiority. The 
majority should be inspired by a sense of justice and 
charity toward their fellow men. In fact a democracy 
is a brotherhood in which each person should think, 
not only of himself, but of his neighbor. In this dem- 
ocracy the more we think of the rights of our neighbor 
and the more we think of our duty towards our neigh- 
bor, the better will our government be. 

In a democracy we live in the belief that all men are 
created equal, that all through life they are equal in 
their rights, in their duties and in their privileges. 
I do not mean of course that all men are equal in phys- 
ical strength, because you who run and wrestle every 
day know that some are stronger than others. I do 
not mean that all are equal in the powers of the mind, 
because some of us here this morning, even some who 
study hard, know that other pupils get higher marks 
in every examination. Nor do I mean that all are equal 
in wealth, in health or in comforts. 

What I mean is, that so far as life and liberty are 
concerned, in our rights under the law, in our protec- 
tion under the law, we are all equal. 



AMERICA— A DEMOCRACY 39 

In a democracy the people make the laws, and the 
people enforce the laws. As we shall hereafter see, 
every man who takes part in making a law, and every 
one who aids in enforcing the law is selected by the 
people. But the great thing about a democracy is the 
spirit of the people — the feeling of the people toward 
each other. Pride of wealth, position, race or creed 
has no place in a democracy. Every person should 
feel sympathy and charity for his neighbor, and for 
his neighbor's problems in life. 

We should all be willing to help those who may be 
less fortunate. We should all endeavor to make our 
neighbor's life as easy as possible. 

A democracy cannot be a government by groups — 
it must be a government by every one. 

Now I do not mean to say, that we in this country 
all have the proper feeling toward our neighbor. We 
are not all good citizens of a democracy. Many people 
have pride, selfishness and hate. Many people do not 
seem to care how the rest of the world lives. Such 
people are not worthy to have the privileges of living 
in a democracy. Many people are also ignorant in 
matters of government. They do not seem to care 
what kind of a government we have. In fact many 
people will not vote on election day. It is because of 
pride, selfishness, hate, ignorance, indifference, that 
I am here talking to you to-day. This is a wonderful 
government, but it can be made much better, with more 
freedom and more justice, if the people will only learn 
more about their power and their duty, especially if 
they will only cultivate the right spirit — the spirit 
of America, the spirit of justice, humility, kindness 
and charity. 

1 i Love thy neighbor as thyself" is not only a Chris- 



40 THE SHORT CONSTITUTION 

tian duty, but it is the foundation of social life in a 
democracy. You will find when you become acquainted 
with life that success in life does not depend upon 
money, clothes, nor social position, but that in this 
American Democracy real merit wins. More and more 
are we learning every day that true happiness comes 
only from service, service to humanity, service to our 
country, and this spirit of service must be developed 
in childhood, and expand as we grow to manhood and 
womanhood. 

That was a nice thing you did the other day, here 
in this school, when you put your pennies and your 
nickles together, bought a ton of coal, and sent it to 
the widowed mother of one of your schoolmates who 
had been sick for several weeks. He is just a poor 
Polish boy ; but when in health he ran errands before 
and after school. This helped to support his mother 
and his little sister. I'm sure that he thinks of you 
every day ; and that he often thanks God that his father, 
who died last winter, had the courage to leave the old 
home in Poland and come to America where there is 
a chance for the poorest and the most obscure. 

I told you a while ago that this is the first real 
democracy in the world. So few people stop to think 
about this. The world is thousands of years old. Hu- 
manity in all these thousands of years has been made 
up of men, women and children just like us. They 
hoped for, and dreamed of freedom, but until America 
become a nation no government in the world had ever 
been a real government by the people; always by a 
king or a queen, or an emperor, by some other ruler, 
or by a small group of men who were rulers, or by a 
certain class. Your father may be a blacksmith, or a 
street sweeper, but on election day he can vote. Up to 



AMERICA— A DEMOCRACY 41 

the organization of this government no such right exist- 
ed anywhere in the world. In some countries, a few 
who owned a certain amount of property could vote; 
but the wise men of the world sneered at the American 
plan to give every man the right to vote whether he 
owned a dollar's worth of property or not. 

Always remember this too, that even when America 
became a nation, the right of all the people to vote was 
not granted at once. Many of our states for many 
years required that a voter must have a certain amount 
of property. Finally this was all wiped away. America 
has been a growth, each generation doing a little more 
to expand the power of the people, and this growth, 
this expansion must continue. We are still a young 
nation and we all have much to do to aid in making 
this democracy a better place in which to live. 

"When you hear of other democracies now existing in 
the world, remember that America has been their guide 
and inspiration. Men came from France to help fight 
our revolution, and carried back with them the spirit 
of America. In time democracy was established in 
France. So with all the countries in the world which 
to-day have a greater or less degree of democracy, to 
them all, America has been a beacon light, a source of 
courage and of inspiration. Did any of you ever see 
the great Statue of Liberty at the entrance to the New 
York harbor? If you did, you saw that grand figure 
looking out to the east over the great expanse of water, 
holding aloft the great torch which in the darkness of 
the night is aglow with light, the great flaming torch, 
which is emblematic of America enlightening the 
world. 



42 THE SHORT CONSTITUTION 

NOTES AND COMMENTS 

1. A pure Democracy would be that form of government in which 
all people of the age of twenty-one years could actually take part 
in making the laws and administering the government. A country 
would need be very small indeed, if all the people above twenty-one 
years of age could assemble in any one place and organize and 
conduct a meeting in which all could take part in law making. No 
building would be large enough to accommodate all the people and 
even if all the people assembled out of doors, the number would 
be so large that those standing or sitting near the outer edge of the 
assembly would be so far from the speaker that they could not 
hear what he said when he spoke to them. A pure democracy is 
a physical impossibility. The nearest form of government to a 
pure democracy is a representative democracy, or one in which 
groups of people choose one or more persons to represent them. 
Then these representatives make laws and carry on the government 
in the name of all the people whom they represent. Therefore a 
democracy is that form of government in which all people have 
equal opportunities, and in which all may take part in the govern- 
ment through their chosen representatives. 

"No matter how widely democracy may be extended, if it is 
not accompanied by a certain equality of opportunity among the 
members of the political society, it is not democracy." — Cyclo- 
paedia of American Government, J, 561. 

"Democracy is that form of government in which the people rule. 
The basis of democracy is equality, as that of the aristocracy is 
privilege. " — Bouvier's Law Dictionary, 7, 540. 

"The beginnings of democracy were best observed in the town- 
ships of New England, where the Puritans from England settled 
and organized towns which were centers of democracy." — Peter 
Roberts. 

In an absolute monarchy, the ruler is supreme; in a limited 
monarchy, the parliament or congress sets a limit to the powers 
of the ruler; in a democracy, the people rule. 

"It is almost impossible that all the people will exactly agree 
on any proposition, either political or social. Therefore the rule 
of government in a democracy is, that all the people shall accept 
and obey those laws and regulations that are pleasing to the 
majority." 

"The basis of our political system is the right of the people to 
make or alter their constitution of government." — George 
Washington. 

"No man is good enough to govern another man without that 
other man's consent." 

"This country, with all its institutions, belongs to the people 
who inhabit it." — Abraham Lincoln. 

"I believe that the American people accept, as one just definition 
of democracy, Napoleon's phrase, 'Every career is open to talent'." 
— Charles William Eliot. 

Lincoln defined a democracy as "A government of the people, by 
the people, and for the people." 



AMERICA— A DEMOCRACY 43 

ELEMENTARY QUESTIONS 

1. Which was the first real democracy to be established in the 
world? 

2. What is a democracy? What is the difference between 
"democracy" and a "Democrat"? 

3. Who governs in a democracy? 

4. In a democracy, who makes the laws? 

5. How is power in government expressed in a democracy? In 
America, does one man have more power than another? 

6. How many times can a person vote on election day? 

7. Suppose Congress or the legislature in your State passed 
a law that you do not like. Do we have to obey it? What 
can we do about it? How can we secure a change in the law? 

ADVANCED QUESTIONS 

A. What does "government of the people, by the people and for 
the people" mean? 

B. What is the proper spirit of people who live in a democracy? 

C. What is meant by "the majority of the people rule"? 

D. What would happen if the minority should rule? Lincoln said 
that this meant anarchy. Why? 

E. Does the minority have any rights? Should the majority pay 
any attention to them? Why or why not? 

F. Who enforces laws in a democracy? 

G. Why is it said that the best way to get rid of a bad law is 
rigidly to enforce it? 

H. What is the result of not casting your ballot on election day? 
I . It is a fact that from election to election there is an increasing 
percentage of the qualified voters who do not vote. What is 
the danger of this? What is it likely to lead to? 
J. Write a paper on: 

The Meaning of Democracy 

The Danger of Not Voting 

Why It Is Right that Women Should Vote 

Why We Fought to Make the World Safe for Democracy 



V 

AMERICA— A BEPUBLIC 

A REPRESENTATIVE FORM OF GOVERNMENT UNDER 
THE CONSTITUTION 

As I stated to you in our last discourse, America 
is a democracy, but it is also a republic. It is a dem- 
ocracy in its spirit and the power of its people, but in 
the mode of exercise of the power of the people, it is 
a republic. We often hear America referred to as a 
"representative democracy". If America were mere- 
ly a democracy there would be no fixed method for 
expressing the wishes or the power of the people. In 
a pure democracy, people having full power would 
naturally assemble from time to time to decide by the 
vote of all those present, what would be done for the 
public good. 

You will hear of the ' i Town Meeting" which even to- 
day in some parts of New England is held from time to 
time, where the people assemble, and by vote decide 
matters of public concern. 

But this is now a nation of more than one hundred 
and five million people. We have forty-eight States, 
many of them very populous. When the Constitution 
was adopted, there were only about 3,900,000 people 
in all the States; but those who framed the Consti- 
tution looked into the future and could see something 
of the wonderful growth of the nation which they were 
planning. Of course it is easy for anyone to see that 
in a large country like this, with a large population 
or a population as large as it was at the time when the 

44 



AMERICA— A EEPUBLIC 45 

Constitution was adopted, it would be impossible for 
the people all to assemble in a meeting to vote directly 
upon the passage of necessary laws, or to provide for 
taxation, or to conduct the general business of the 
state or the nation. You can see how absolutely im- 
possible it would be in these days to have the people 
of the United States assemble at the national capital 
to vote on any law, or to make any appropriation, or 
to provide rules for exercise of governmental power. 

Therefore you can readily see that the founders of 
this country very wisely realized that the only govern- 
ment possible would be what is known as a representa- 
tive government, a democracy where the people would 
have all the power, but a republic wherein the people 
would express that power, not directly, but through 
representatives or agents chosen by them. 1 

The government of the United States, and of each of 
the states, is sub-divided into three parts : the execu- 
tive, represented by the president, the legislative, rep- 
resented by congress, and the judicial, represented by 
the courts. 

Now the president and the members of congress, in- 
cluding the senate, and the judges of the courts, are all 
merely representatives of the people chosen by the 
people to carry out the will of the people. The posi- 
tion and powers of all of these representatives of the 
people are fixed and defined by laws enacted by the 
people. 

As we shall hereafter find, the first law of the nation, 
the foundation of all laws of the nation, is the Consti- 
tution of the United States, which in the long ago was 
adopted by the people of our nation, consisting of 
thirteen small States. 

Our form of government therefore is representative. 



46 THE SHORT CONSTITUTION 

That is to say, the people choose their representatives 
to do the business of the country for the people. Laws 
are voted for directly by members of congress and 
the senate of the United States, or members of the leg- 
islature of the states; but these members of congress 
and senators and legislators are selected by the people, 
and in voting for laws they are expressing the will of 
the people who voted for them. They are elected for 
a short term of years, so that in case any one of them 
should not, in his vote upon any law, carry out the 
wishes of the people who elected him, they may at 
the next election select some one else in his place who 
will better represent them. 2 

The important thing to bear in mind in relation to 
this government organization, with all the officers now 
necessary to do the business of the people of this great 
country, is that these officers, executive, legislative and 
judicial, are not the government ; the government rests 
with the people, and these officers are merely the serv- 
ants of the people, subject to the will of the people. 

It has been well said that government in a dem- 
ocracy is organized public opinion. Public officers, 
representatives of the people, have only the power 
which the people give to them. In many of the states 
of this country, in the enactment of laws, the people by 
law make provision by which the people themselves 
have the power to reject laws enacted by their repre- 
sentatives of which they do not approve. Under the 
"initiative" and "referendum" in some states, the 
people retain the power to direct their legislature to 
enact certain laws. Also laws made by the legislature 
may be voted upon by the people for final approval, 
if desired. 3 

The important thing first to be learned is, that in 



AMERICA— A REPUBLIC 47 

this democracy the government is in form a republic, 
because the laws are enacted and laws are enforced, 
not by the direct vote of the people, but by the repre- 
sentatives elected by the people. 

The power of the people always continues. A law 
may be passed by one legislature, or one session of 
congress, and may be repealed the next. Any law 
upon the statute books may be changed from time to 
time, responsive to the changing sentiment of the peo- 
ple. 

We are inclined to consider the term " representative 
government" as relating particularly to the enactment 
of laws, but this is a representative government not 
only in the making of laws, but also in the enforcement 
of laws. I want you to realize early in life that every 
citizen has a responsibility for enforcing law as well 
as for making law, and that for any failure or omission 
in the making of laws, or in the enforcement of laws, 
the people must bear the responsibility. 

NOTES AND COMMENTS 

1. "A Republic may be defined as a state in which the sovereign 
power rests in the people as a whole but is exercised by represen- 
tatives chosen by a popular vote." — Cyclopaedia of American 
Government, III. p. 188. 

"A Republic, in the modern sense of the term, is a government 
which derives all its powers directly, or indirectly, from the great 
body of the people, i. e. the majority — and is administered by 
persons holding their offices for a limited period." — Ibid. 

"Republican government is a government of the people; a gov- 
ernment by representatives chosen by the people." — Bouvier's Law 
Dictionary. 

The Constitution of the United States in Art. 4, Sect. 4 guaran- 
tees to every state a Republican form of government, but it does 
not define what is republican government. It is generally assumed 
that if for any reason the representative government of a state 
should be destroyed or temporarily set aside, it would be the duty 
of the Federal Government, acting through the President as chief 
executive, to use whatever force was necessary (including the army 
and navy) to overcome such agency and to restore to the people of 
that State its former representative government. 



48 THE SHORT CONSTITUTION 

"It is left to Congress to decide what constitutes a republican 
form of government, and Congress also has the right to say which 
government in a state is the legal government. This necessarily 
follows because before Congress can decide whether the government 
is Republican it must decide which government is in force." — 
Luther vs. Borden, 7 Howard. 1. 

"It is Congress and not the President who decides what is 
Republican government in a state." — Martin vs. Mott, 12 Wheaton 
19. 

2. "It may well be contended that a republican form of govern- 
ment necessarily involves the exercise of powers of government 
by representative officers and bodies, and the distribution of powers 
of government among distinct and independent departments." 
— McClain's Const. Law. p. 10. 

3. Initiative means the right of the people to initiate or com- 
mence the process of law making. It is done by circulating a pe- 
tition asking that a certain provision be enacted into law. If the 
provision receives the signatures of a certain percentage of quali- 
fied voters — the legislature is required to enact the provision into 
law, or submit it to the voters to determine whether it shall become 
law. 

Referendum means that the qualified voters through the process 
of balloting may determine whether a measure proposed either 
through the action of the legislature, or through the initiative, 
shall become law. 

Recall is the method by which the qualified voters may remove 
an undesirable officer from office before the expiration of his term. 
It is done through a petition requiring a certain percentage of 
signers from among the qualified voters. If the petition is suffi- 
cient an election is called at which time the officer may appear for 
continuation in office and others may appear as candidates for that 
office. The one receiving the largest vote is duly chosen. 

ELEMENTARY QUESTIONS 

1. In what respect is America a republic? 

2. What is the difference between a republic and a Republican? 

3. What was the population of America when the Constitution 
was adopted? 

4. Why was it impossible to have all the people assemble to 
adopt laws? 

5. What is meant by a representative of the people? 

6. Suppose a representative does not represent the people as they 
wish. What can they do about it? Give illustrations. 

7. Into what parts is the government of the United States 
divided? . 

8. How are the powers and duties of representatives of the 
people defined? Why does the judge say that the people really 
have the power and that this power continues? 



AMERICA— A REPUBLIC 49 

ADVANCED QUESTIONS 

A. What is the fundamental law of the United States? Why is it 
fundamental? 

B. How can we say that the people have power in lawmaking, 

when we know that the representatives make the laws? 

C. How can we influence the votes of our representatives? 

D. If you know that your representative is likely to vote against 
your own wishes, what can you do about it? 

E. How soon may a law be changed after it has been passed? 

F. What is meant by "initiative, referendum, and recall"? How 
have they worked out in practice? 

G. Write a paper on the following: 

The Difference between a Democracy and a Republic 

How the Public Can Make Their Representatives Represent 

Them 

Why America Could Not Do Without Representatives 

The New England Town Meeting 



VI 

LAW 

NECESSITY FOR RULES OF HUMAN CONDUCT FOR GUID- 
ANCE AND RESTRAINT 

This morning I wish to talk with you about one of 
the most important subjects in the world, the law; and 
strange to say, most people know very little about it. 

Indeed I find that the average person feels that he 
does not need any knowledge of the law, that the law is 
for lawyers, judges and courts. 

Now the truth is, that there is scarcely any activity 
in life in which the law does not play an important 
part. This is true from childhood to old age, in every 
calling and every occupation in life. 1 The law is not 
intended for any one class of people, but it applies to 
all classes of people, the rich and the poor, the wise and 
the ignorant. It also applies to all ages, to men, women 
and children. 

What is the law, or what is a law? 2 There is nothing 
difficult about it. A law is merely a rule of human 
conduct, a rule of conduct for human beings which is 
enforced by the nation, the state, or the city. There 
are other rules of human conduct enforced by parents 
or teachers, or employers, those who have authority 
over another, those whose duty it is to direct the con- 
duct of others. 

Every boy knows that in his home his parents have 
certain rules, not written or printed, but stated by his 
father or mother with relation to his conduct about 
the home, about his school, or about his play time or 

50 



LAW 51 

vacation ; when he must go to bed, when he must arise, 
and with whom he may associate ; that he must not go 
in swimming unless accompanied by his father ; that he 
shall not go to the movies without the consent of his 
mother; that he must attend Sunday school regular- 
ly ; that he must not eat with his knife ; that he must be 
courteous to all persons, especially to the aged; that 
he must not play ball in the street ; and a large number 
of other rules and directions, all intended for the good 
of the boy. 

Then in school you find certain rules of conduct made 
by the Board of Education or other officers, or adopted 
by the teacher. 

If a boy works in a store, he finds that his employer 
has certain rules: the time when the store shall be 
opened and closed; that the boy shall sweep the floor 
at certain hours ; that he may go to lunch at a certain 
time ; that he shall not permit other boys to pass be- 
hind the counters, etc. All of these are illustrations 
of rules of conduct for children, or those under control 
or authority, or direction, of some older person. 

But older persons, the parents, the school officers, 
the teachers, the store keepers and those of all other 
occupations, are likewise subject to rules, are under 
control and direction of the nation, and the state, and 
the city, all having power to enforce rules of conduct, 
called laws, which apply to the old and the young. 
Without such rules, such laws, it would be impossible 
to maintain peace and order. Without such rules, 
called laws, it would be impossible to protect the weak 
against the strong and the wicked. 

This government being organized for the purpose of 
protecting the rights and liberties of the people, it is 
necessary that there be laws enacted in order that our 



52 THE SHORT CONSTITUTION 

rights and liberties shall not be taken away from us 
by those who may be stronger or wiser than we are. 
Many laws prohibit wrongful acts and provide a pun- 
ishment for those who commit such wrongful acts. 
Thus one who strikes you without justification, one who 
steals your bicycle, or any other property, one who 
breaks into your home, or into the store, a burglar, is 
punished. One who kills another human being, a mur- 
derer, is punished. A person who willfully sets fire 
to a building, or is guilty of cruelty to animals, ma- 
licious mischief, or sells liquor, is punished. 3 So there 
are scores of different offenses forbidden by the law T , 
and punishments fixed for those who will not obey. 

There are also laws requiring that one shall ride or 
drive on the right hand side of the street when passing 
another coming from the opposite direction. 

There is generally in every city a law which pun- 
ishes a person who rides his bicycle upon the sidewalk. 
There are laws regulating the speed of automobiles, 
the lights and signals, and the turning at the corners 
of the street, so that other people either walking, or 
riding on bicycles, or in automobiles or other vehicles, 
may not receive injury. 4 

You know in this country, where; every person is 
equal before the law, no one person has any more right 
in the street than his neighbor has, and the conduct 
of each in the use of streets and sidewalks and other 
public places must be such that all may enjoy equal 
opportunities in the use thereof. 5 

Freedom, as already explained, does not mean a 
right to do everything we wish to do. Freedom is the 
right to do whatever we may wish to do, provided it 
does not interfere with the right of our neighbors to 
have the same privileges which we claim for ourselves. 



LAW 53 

Therefore, it is absolutely necessary to have laws 
fixing the conduct of all persons ; and it is necessary, 
in order to enforce these laws, to punish those who 
will not obey them. 

Who makes these laws? In America the laws are 
made by the people themselves ; that is, they elect rep- 
resentatives to serve in congress, in the legislatures of 
the states, and in the councils of the city, who make 
the laws for the people according to the wishes of the 
people. This you will understand more fully as you 
study this representative form of government we have 
in this country. 

The people have the right to change any law now in 
existence, and may also make such new laws as they 
think will better protect the people in their rights. 6 

Who enforces these laws, these rules of conduct? 
The rules of the home are enforced by the parents. 
If you violate the rules of your parents, they impose a 
punishment upon you. This punishment may not be 
severe, in fact, it should not be, unless your disobed- 
ience is continued and stubborn. 

If you violate the rules of school, the teacher or 
other school officers have the right to punish ; and if 
you violate the rules of your employer, he has the 
right to admonish you, and of course if you do not 
obey, he will discharge you, and you will lose your 
place. 

Now the rules of conduct, the laws of the nation, the 
state, or the city are enforced in this country by the 
people, through their government, through the courts, 
presided over by judges, whom the people themselves 
select for that purpose. Sometimes the punishment 
is severe, sometimes mild. It all depends upon the 
character of the person who disobeys the law, and 



54 THE SHOBT CONSTITUTION 

whether the disobedience is stubborn or willful. Pen- 
alties are imposed, not only to punish he wrongdoer, 
but as a warning to others, that if they disobey the 
law, they too will be punished. 

In this country all laws imposing punishment for 
offenses are printed so that every one may know 
what the law is; but it is not necessary that one 
should study each separate law, because as a rule, 
your conscience will be your guide against wrong doing. 
There are not many acts punished by the state or na- 
tion which are not morally wrong. The person whose 
heart is right knows good from evil; and the person 
who really tries to do right will seldom be guilty of 
violating any law. 

I do not expect you to learn all about the different 
laws. This is not necessary. But I do expect you to 
understand enough about the law to realize that we are 
all subject to authority; that laws are enacted by the 
authority of the people ; that laws are absolutely neces- 
sary, and that without laws we should have no liberty. 
Above all, I want you to learn that in this country 
the people make the laws, and I want you to feel ab- 
solute confidence in the power of the people to make 
and enforce laws. 

I hope that you will acquire a spirit of confidence 
and faith in the justice of the law, and learn that sub- 
mission to the law is absolutely essential in a govern- 
ment of wrongdoers. 

But there are many laws, many rules of conduct, 
besides those defining crimes, offenses, and the punish- 
ment of wrongdoers. 

I want to talk to you briefly about some of the laws 
which affect our conduct in every day life, in matters 
not criminal. I want to impress upon you how far 



LAW 55 

reaching the law is as affecting every human being in 
his daily conduct. 8 

Suppose one of the girls here goes to the store to 
buy a piece of cloth; how does she tell the merchant 
how much cloth she wants? She, without doubt, will 
say that she wants one yard, or two yards, or three 
yards, according to her needs. Now how much is a 
yard? Of course you all know that a yard is three 
feet. I suppose you all know that a yard is the same 
length in every city in the United States. We go into 
the store and ask for a yard of cloth in any city in the 
country, with absolute confidence that we will get for 
each yard, three feet in length. But how do know 
we will get three feet in length for each yard? How 
do we know what we will get when we ask for a pound 
of coffee, or for a ton of coal, or for a quart of milk? 

These weights and measures are nearly all fixed by 
law. When you come to read the Constitution of the 
United States, you will find that there is conferred 
upon the United States Government the power "to 
fix the standard of Weights and Measures." 

The Constitution is the fundamental law of the land. 
This confers upon the United States Government the 
right to fix all standards of measurements and all 
weights and measures of every kind. The United States 
Government has this power. It is not required to ex- 
ercise the power, but it has the power. 

The United States Government has a National 
Bureau of Standards, 10 which supervises weights and 
measurements, which cooperates with the states, and 
maintains uniformity, so that in every state, with ref- 
erence to most things bought and sold, the law fixes 
definitely the quantity or dimensions. Without such 
laws you can see what a mass of confusion the people 
would be in at all times. 



56 THE SHORT CONSTITUTION 

Severe penalties are imposed by law upon those who 
give " short measure' \ or short weight, 11 in order to 
protect against those who might defraud us. , 

So you see how necessary law is to the simple trans- 
actions of life, and how we are constantly relying upon 
the law in our daily transactions, to protect us against 
wrongdoers. 12 

Then again, how do you know how much the silver 
dollar which you are saving for Christmas is really 
worth? How do you know that one dollar is as valuable 
as another dollar? How do you know that the paper 
dollar which is in circulation is as valuable as the 
silver dollar? Well, here again when you read the 
Constitution of the United States, you will find that 
the people, when they adopted the Constitution, gave 
to the Congress of the United States, the power: 

"To coin Money, regulate the Value thereof, and of 
foreign Coin." 

Congress, with this power, has enacted numerous 
laws with reference to the coinage of silver and gold 
money, the printing of paper money, and fixing the 
value of such money. How helpless the people would 
be without such laws. 

Then how do you know that the dollar you received 
in change at the grocery store is a real dollar? There 
are many counterfeit dollars made by wrongdoers, 
by criminals who seek to profit by manufacturing 
money themselves, sometimes so much like the genu- 
ine, that it is almost impossible to detect the difference. 
There are counterfeit bills, and counterfeit coin, which 
I dare say, could not be distinguished from the genu- 
ine by any person in this room. But there are laws 
enacted by Congress providing very severe punish- 
ment for any person who makes, passes, or attempts 



LAW 57 

to pass, any counterfeit money. For instance, if one 
shall make, or pass, or attempt to pass, counterfeit 
gold or silver coin, he may be punished by five years 
imprisonment in the penitentiary. 14 Even for making, 
or passing, or attempting to pass a one cent, two cent, 
three cent, or five cent piece, a person may be im- 
prisoned for five years. 15 Any one who makes a die 
or mold designed for the coining, or making of counter- 
feit coins, may be punished by imprisonment in the 
penitentiary for ten years. 18 

These are severe penalties. Liberty is dear, and 
yet you can see how absolutely necessary it is to have 
these severe penalties in order to protect you, your 
father and mother, and all other persons, from being 
defrauded and wronged by the use of counterfeit 
money which is worthless, but which most people can- 
not distinguish from the genuine, 

I suppose you watched for the letter carrier this 
morning. Perhaps you were expecting a letter from 
a friend or relative. The letter carrier came to your 
door. You did not have to walk to the postoffice. 
Perhaps your friend lives one thousand miles away. 
How is it possible for you to receive a letter in perhaps 
a couple of days from that far distant point? Did you 
ever stop to think about it? Of course you say, "Well, 
it came through the postoffice." Yes, but the post- 
office is only a part of the great postal system of 
this country, which carries your letters from one end 
of the land to another for the small amount of two 
cents; and we have wonderful confidence in this postal 
service. We carelessly drop into the mail box letters 
most important, often most sacred, and we have no 
doubt that the letter will reach its destination safely. 17 

How is it all possible? Well, again, in reading the 



58 THE SHORT CONSTITUTION 

Constitution yon will find that the people gave to 
Congress the power : 

"To establish Post Offices and Post roads." 18 

This power has been exercised by the enactment of 
many laws by Congress providing for postoffices, let- 
ter carriers, postal clerks, railway mail service, rural 
routes, and many laws severely punishing any one 
in the postal service who willfully fails to perform 
his duties, 

Persons engaged in the postal service may be sent 
to the penitentiary for stealing money from the mails, 
stealing a letter from the mails, for any act of dis- 
honesty, or failure of prescribed duty. How could 
the great postal service of this country be maintained 
without such laws? How would the people have the 
blessing of a great service of this kind without the 
most carefully prepared laws made to protect the 
people? 

So I might go on giving numerous other illustra- 
tions of the laws enacted by the people through their 
representatives, for the benefit of the people them- 
selves, for their comfort, their convenience, and their 
protection against wrongdoers, who might deprive 
them of their property, or of things still more sacred 
than property. 

I have only used these illustrations to impress upon 
you the great truth, that there is hardly any relation 
in life in which the lafw does not have an important 
part. We should realize early in life that law is ab- 
solutely necessary to guide human conduct, to restrain 
wrongful conduct, to punish wrong doing, and thus 
to aid in protecting us in our right to life, liberty 
and property. 

These laws are not the Judges ' laws, nor the lawyers' 



LAW 59 

laws ; they are the laws of the people, made for their 
benefit, worthy of our most earnest support, calling 
upon us for loyal obedience, demanding our respect, 
and inspiring our confidence. 

NOTES AND COMMENTS 

1. Children who attend the public school are subject to the law 
as well as are grown people who work in factories or on farms. 
The teacher must have rules and regulations governing conduct 
of pupils in school. These are laws which the children must obey. 
If a pupil insists on disturbing other pupils or talking out loud — 
such may be a violation of the rules governing a good school and 
the pupil may be punished for such violation. 

2. Law. "The aggregate of those laws and principles of con- 
duct which the governing power in a community recognizes as 
the rules and principles which it will enforce or sanction, and 
according to which it will regulate, limit, or protect the conduct 
of its members." Bouvier's Dictionary, II. 144. 

"Law consists of the rules and methods by which society compels 
or restrains the actions of its members." 

In the legal sense — A law is a rule which the courts will enforce. 
The courts will not enforce all rules, and therefore there are 
many rules which are not law in the legal sense. 

"Law might be denned as the aggregate of those rules and 
principles promulgated by legislative authority or established by 
local custom, and our laws are the resultant derived from a com- 
bination of the divine or moral laws, the laws of nature and human 
experience, as such resultant has been evolved by human intellect, 
influenced by the virtue of the ages." — "Words and Phrases," 
p. 33. 

"Law has her seat in the bosom of God; her voice in the harmony 
of the world." — Hooker. 

"Laws are the very bulwark of liberty. They define every man's 
rights, and stand between and defend individual liberties of all." 
— J. G. Holland. 

"Laws exist in vain for those who do not have the courage and 
the means to defend them." — Macauley. 

"Laws, written, if not on stone tablets, yet on the azure of 
infinitude, in the inner heart of God's creation, certain as life, 
certain as death, are they, and thou shalt not disobey them." — 
Carlisle. 

"A rule of civil conduct prescribed by the supreme power in a 
state." — Bouvier Law Dictionary. 

3. Laws and rules, are statements of what has been agreed upon 
as proper conduct among persons who associate together. A 
person living on a lonely island in the ocean with no other person 
near would not need law. But as soon as two persons were to 
share the island and its fruits and animals and plants, then 
certain rules would need be set up for the protection of each 
against the other. Where people are most closely associated, we 
need the greater number of rules or laws. People living in large 



60 THE SHORT CONSTITUTION 

cities must more often heed law than do those living in rural 
districts. 

4. A person may drive an automobile at twenty miles per hour 
on a country road with perfect safety, but at twenty miles per 
hour in a crowded city would be positively dangerous to people 
crossing the streets. Therefore the speed limit law of five or per- 
haps ten miles per hour in cities. 

5. People have as much right to walk on the sidewalks of the 
town or city as do other people to drive teams and wagons or 
automobiles on the streets. Each must obey the traffic laws. At 
crossings their rights of passage conflict, therefore each must be 
on the look-out when crossing the street. The law provides street 
crossings, therefore footmen must not "cut the crossings" but 
go the directed way. 

6. When election time comes each year, or every two years, 
those who are qualified to vote ought by all means give careful 
consideration of the candidates for office and of the issues that 
constitute the campaign. It requires good men to make good 
laws. Good men are only chosen to office when good people inter- 
est themselves in the candidates and attend the elections and cast 
intelligent votes. Good laws are only properly enforced when 
good men are chosen to office. 

7. "A child, an apprentice, a pupil, a mariner, and a soldier 
owe respectively obedience to the lawful commands of the parent, 
the master, the teacher, the captain of the ship, and the military 
officer having command; and in case of disobedience submission 
may be enforced by correction," — Bouvier. II. 531. 

"To obey is better than sacrifice." 

"Children, obey your parents in all things; for this is well 
pleasing unto the Lord." 

"Servants, obey in all things your masters according to the 
flesh; not with eye service, as men pleasers; but in singleness of 
heart, fearing God." 

"Masters, give unto your servants that which is just and equal; 
knowing that ye also must be obedient." — Quotations from the 
Bible. 

"The capacity of the people for self government, and their 
willinginess, .... to submit to all needful restraints, and 
exactions of municipal law, have been favorably exemplified in 
the history of the American States." — Martin Van Buren. 

"Let us have faith that right makes might and in that faith 
let us to the end dare do our duty as we understand it." — Lincoln. 

"Surely I do not misinterpret the spirit of the occasion when 
I assume that the whole body of the people convenant with me 
today to support and defend the Constitution and .... to yield 
a willing obedience to all the laws, and each to every other citizen 
his equal civil and political liberty." — Benj. Harrison. 

"Patriotism calls for the faithful performance of all the duties 
of citizenship in small matters as well as great, at home as well 
as on tented fields." — William J. Bryan. 

8. We must see ourselves as we are, moving in our daily life, 
guarded and safeguarded in every act by law. Every act in life 
is lawful or unlawful; that is, we are protected by the law in our 
every act, or we are condemned or punished. Here are two child- 
ren on their way to school, one walking upon the sidewalk — exer- 



LAW 61 

rising a lawful right, one riding his bicycle upon the sidewalk, 
performing an unlawful act. The one is an example of a careful 
law-abiding citizen — the other an example of a law-violator. 

9. Constitution of the United States. Art. I. Sec. 8. CI. 5. 

10. Created by an Act of Congress of March 3rd, 1901. It is a 
Bureau of the Department of Commerce, and is charged with com- 
paring the standards used in Scientific investigatioins, commerce 
and educational institutions, with standards adopted and recognized 
by the Government. 

11. 12. The 35th. General Assembly of the State of Iowa 
provided for a State Inspector of weights and measures whose 
duty is to travel over the state and investigate conditions among 
those who buy and sell and to make arrests and prosecute those 
found defrauding others by giving short weights or measures, or 
who sell or offer for sale spoiled foods, or keep their shops or 
stores in unsanitary condition. 

13 Constitution of the United States. Art. I. Sec. 8, CI. 5. 
14. 15. 16. Revised Statutes of the United States. Section 
5413. and following. 

17. Very few letters are ever lost in the mails. The writer 
one time addressed a letter to a friend living in Sidney, Australia. 
It was mailed at Iowa City, Iowa, and was sent East. That letter 
went by way of New York, England, France, Italy, the Suez 
Canal and Indian Ocean to Sydney, Australia. The person to 
whom it was sent had during the meantime left Sydney and the 
letter failed of delivery. About three months after being first 
mailed it was returned to the writer whose return address was on 
the outside of the envelope. In being returned it came by way of 
the Pacific Ocean to San Francisco and across the United States 
from the west. The letter had encircled the globe and was re- 
turned safely to the original sender. Pretty good work for the 
International Mail System. 

18. Constitution of the United States. Art. I. Sec. 8. CI. 7. 

ELEMENTARY QUESTIONS 

1. What is a law? 

2. By whom is a law enforced? 

3. Name an activity in life that the law has nothing to do with. 

4. Make a list of some of the laws that your father and mother 
make in your home. 

5. Make a list of some of the rules of conduct found in school? 

6 . Go to a store in your town. Are there rules of conduct for the 
clerks? What are they? 

7. Who makes the rules in a home? In a school? In business 
institutions? 

8. Upon which side of the street must a person drive? Why? 

9. Who fixes the rules of measurement and weight? 

10. Suppose that you buy a ton of coal and find later on that you 
only received 1500 pounds. Could you do anything about it? 
Why should the coal dealer be punished? 

11. What would it be like if we had no laws at all? 



62 THE SHORT CONSTITUTION 

ADVANCED QUESTIONS 

A. In imposing punishment upon a wrongdoer, what elements does 
the judge consider in fixing the amount of fine or the length 
of punishment? 

B. Why do we have our laws printed? What would be the 
dangers of having secret laws concerning the nature and exist- 
ence of which the people could not obtain information? 

C. What is the distinction between a rule of conduct in the home 
and a law of the land? 

D. List a number of laws and penalties in addition to those cited 
by the judge. 

E. Why cannot one have liberty without law? 

F. Why are people punished when they break the law? 

G. Is it ever right to break the law? 
H. Write a paper on the following: 

Why Breaking the Postal Laws Deserves Severe Punishment 

Liberty Under the Law 

The Danger of Counterfeit Money 

Laws that Should Be Passed 

How to Have a Law Passed 



VII 

THE CONSTITUTION 

PERSONAL GUARANTEES GROUPED UNDER THE TITLE 
"THE SHORT CONSTITUTION" 

We now take up the subject of the Constitution of 
the United States. It is important because it is the 
foundation of the rights and liberties of all Americans. 
It relates to the rights and liberties of everyone in 
this room. It is our great charter. 

Gladstone, the great English statesman, once said, 
"It is the greatest work ever struck off at any one 
time by the mind and purpose of man." 1 It is quite 
a long document. I want every one of us to read it 
carefully and study it thoroughly. 

The larger part of the Constitution consists of pro- 
visions telling of the qualifications and manner of 
election of the president, senators and congressmen, 
the powers and duties of the various parts of our 
government, procedure of government, and the rela- 
tions of the nation and the states. These are import- 
ant. 

But more important still are the ways in which the 
Constitution guarantees the rights, liberties and privi- 
leges of all men, women and children who live under 
the American flag. These guarantees are numerous, 
but they are briefly stated. Any of us can understand 
them if we but read them carefully and catch their 
meaning. It ought not to be difficult to cause a person 
to study the things which relate to himself, to the most 
important things in his own life. Liberty we prize 

63 



64 THE SHOET CONSTITUTION 

most dearly. Everyone of these guarantees in the 
Constitution is intended to guard and protect the 
freedom and liberty which you and I enjoy. 2 

To make our task more simple, I have selected from 
the Constitution those sections which deal with our 
privileges as American citizens. You can see them 
in the copy of the Constitution which you have. (See 
page 240. I have grouped these together and for 
convenience I shall call it "The Short Constitution. ' f 
As you can see, there is nothing in it that is not in the 
original Constitution. It is just as if I had taken a 
pair of shears, had cut out these phrases from the 
Constitution and pasted them together. It makes it 
more convenient for us. 

Take this "Short Constitution ' ' home with you. 
Bring it with you when you come to school. Talk with 
your father and mother about it. It may be that some- 
time a knowledge of these rights that every American 
citizen now has may save to you your home, your 
freedom or your life. 

Now I am going to read this : 

THE SHORT CONSTITUTION 

Article I (Amendment I.) 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise there- 
of ; or abridging the freedom of speech, or of the press ; 
or the right of the people peaceably to assemble, and 
to petition the Government for a redress of grievance. 

Article II (Amendment II.) 

A well regulated Militia, being necessary to the se- 
curity of a free State, the right of the people to keep 
and bear Arms, shall not be infringed. 



THE CONSTITUTION 65 

Article III (Amendment III.) 

No Soldier shall, in time of peace, be quartered in 
any house, without the consent of the Owner, nor in 
time of war, but in a manner to be prescribed by law. 

Article IV (Amendment IV.) 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no 
Warrants shall issue, but upon probable cause, sup- 
ported by Oath or affirmation, and particularly describ- 
ing the place to be searched, and the persons or things 
to be seized. 

Article V (Amendment V.) 

No person shall be held to answer for a capital, or 
other infamous crime, unless on a presentment or 
indictment of a Grand Jury, except in cases arising in 
the land or naval forces, or in the Militia, when in act- 
ual service in time of War or public danger; nor shall 
any person be subject for the same offence to be twice 
put in jeopardy of life or limb; nor shall be compelled 
in any criminal case to be a witness against himself, 
nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken 
for public use, without just compensation. 

Article VI (Amendment VI.) 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law, and to be informed of 
the nature and cause of the accusation; to be confront- 
ed with the witnesses against him; to have compulsory 



66 THE SHORT CONSTITUTION 

process for obtaining witnesses in his favor, and to 
have the Assistance of Counsel for his defence. 

Article VII (Amendment VII.) 

In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved, and no fact tried by a jury 
shall be otherwise re-examined in any Court of the 
United States, than according to the rules of the com- 
mon law. 

Article VIII (Amendment VIII.) 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

Article IX (Amendment IX.) 

The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage 
others retained by the people. 

Article X (Amendment X.) 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 

Article XI (Amendment XIII, Sec. I.) 

Neither slavery nor involuntary servitude, except as 
a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

Article XII (Amendment XIV, Sec. I.) 

Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce 



THE CONSTITUTION 67 

any law which shall abridge the privileges or immun- 
ities of citizens of the United States; nor shall any 
State deprive any person of life, liberty, or property, 
without due process of law; nor deny to any person 
within its jurisdiction the equal protection of the laws. 

Article XIII (Amendment XV, Sec. I.) 

Section 1. The right of citizens of the United States 
to vote shall not be denied or abridged by the United 
States, or by any State on account of race, color, or 
previous condition of servitude. 

Article XIV (Art I, Sec. 9, CI. 2.) 

The Privilege of the Writ of Habeas Corpus shall 
not be suspended, unless when in Cases of Rebellion or 
Invasion, the public Safety may require it. 

Article XV (Art. I, Sec. 9, CI. 3.) 

No Bill of Attainder or ex post facto Law shall be 
passed. 

Article XVI (Art I, Sec. 9, CI. 8.) 

No Title of Nobility shall be granted by the United 
States: And no person holding any Office of Profit or 
Trust under them, shall, without the Consent of the 
Congress, accept of any present, Emolument, Office, or 
Title, of any kind whatever, from any King, Prince, or 
foreign State. 

Article XVII (Art. Ill, Sec. 2, CI. 3.) 

The trial of all Crimes, except in Cases of Impeach- 
ment, shall be by Jury, and such Trial shall be held in 
the State where the said Crimes shall have been com- 
mitted ; but when not committed within any State, the 
Trial shall be at such Place or Places as the Congress 
may by Law have directed. 



68 THE SHORT CONSTITUTION 

Article XVIII (Art. Ill, Sec. 3, CI. I.) 

Treason against the United States, shall consist 
only in levying War against them, or in adhering to 
their Enemies, giving them Aid and Comfort. No per- 
son shall he convicted of Treason unless on the Testi- 
mony of two witnesses to the same overt Act, or on 
Confession in open Court. The Congress shall have 
power to declare the Punishment of Treason, but no At- 
tainder of Treason shall work Corruption of Blood, or 
Forfeiture except during the Life of the Person at- 
tainted. 

Article XIX (Art. IV, Sec. 2, CI. 1.) 

The Citizens of each State shall be entitled to all 
Privileges and Immunities of Citizens in the several 
States. 

Article XX (Art. VI, CI. 3.) 

No religious Test shall ever be required as a Quali- 
fication to any Office or public Trust under the United 
States. 

Now that is not long, is it? Yet in this brief part 
of the Constitution are contained provisions the most 
important for the common people ever written by the 
hand of man in all the history of the world. In some 
countries of the world people have some of the rights 
and privileges guaranteed by our Constitution, but 
in no other country in the world do the people have 
a written guarantee of all the rights, privileges and 
liberties set forth in these short extracts from the 
Constitution of the United States. 

I want you all to get fixed in your minds the date of 
the adoption of the original Constitution by the con- 



THE CONSTITUTION 69 

vention — 1787. 5 That was more than a century and a 
quarter ago. 

I want every child to understand just why the 
Constitution was made, how it was made, something 
of the men that made it, and how the people of the 
states approved of the Constitution before it became 
binding. 

I also want you to understand something of the 
changes and additions made by the people, since the 
Constitution was first adopted. I want you to under- 
stand that it is the Constitution of the people, the 
whole people, and I want you to know that the people 
can change the Constitution or make additions to it 
whenever they want to. 6 

So at our next meeting I am going to tell you some- 
thing of the making of the Constitution. 

NOTES AND COMMENTS 

1. There are four general theories as to the origin of the Consti- 
tution of the United States: — (1) That it was an entirely new 
document. This theory was inspired by the statement of Gladstone. 
People who heard Mr. Gladstone or read of his comment on the 
Constitution misinterpreted his saying and came to believe he meant 
that that great Constitution was the work of the moment as con- 
ceived by the men in the Convention at Philadelphia. No one knew 
better than Mr. Gladstone himself that such was not true. (2) That 
it was copied almost entirely after the English Constitution of 
that time. This was the theory of Sir Henry Maine, and was just 
as erroneous as was the common acceptance of Gladstone's state- 
ment. There are many things in the Constitution of the United 
States that were not in the English Constitution of that time. 
(3) That it was based entirely upon the experience of the Colonists 
themselves. This theory is also incorrect as the facts show that 
many fundamentals of the Constitution were copied directly 
from the governments of European countries. (4) That it was 
due to all the above influences taken together, but that they were 
worked out by the Colonists and the Constitution makers in their 
many years of experience in making Constitutions for the States 
after their independence from England, and during the time of 
the Confederation. 

A careful study of the debates in the Convention at Philadelphia 
will reveal the fact that the different governments, institutions, 
rulers and statesmen of Europe were referred to in the making of 
the Constitution. 



70 THE SHORT CONSTITUTION 

During the discussions in the Convention 130 allusions were 
made to the government, institutions, etc. of England. The al- 
lusions made to France were nineteen. Those made to German 
States were seventeen. Those made to Holland were nineteen. 
Greece was referred to thirteen times; Switzerland was alluded 
to five times; Rome was alluded to sixteen times. 

English government and institutions were held up as a model 
to be imitated — fifty times; as an example to be avoided — twenty- 
four times. France was held up as a model three times, and as a 
warning five times. Rome was cited five times as a model and 
seven times as a warning. 

From the standpoint of training, experience and general qual- 
ifications for constitution makers, the delegates who sat in the 
Federal Convention at Philadelphia were the most remarkable 
group of statesmen the world has ever seen. Sixty-five delegates 
were chosen, of whom fifty-five attended the convention, of whom 
thirty-nine signed the Constitution, three were present but refused 
to sign, and thirteen were absent on the last day. Of the fifty-five 
who sat in the convention, twenty-five were from northern states 
and thirty from southern states. Of the thirty- nine signers, nine- 
teen were from the North and twenty from the South. Of the 
fifty-five men thirty were college men; twenty-six had degrees; 
forty-seven were afterwards prominent in public life; of the re- 
maining eight, at least four died soon after the close of the Con- 
vention. The most noted men were: — Washington, Franklin, 
Hamilton, Madison, Wilson, Patterson, Gerry, Sherman, Pinckney, 
and Randolph. Six men who signed the Constitution had also 
signed the Declaration, of Independence: — Benjamin Franklin, 
James Wilson, Robert Morris and George Clymer of Pennsylvania, 
and Roger Sherman of Connecticut and George Read of Delaware. 
— The Federal Convention. C. H. Meyerholz. 

2. Montesquieu, a famous French writer of the eighteenth 
century, tells us that political liberty consists in the security one 
feels in doing whatever the law permits. However we must re- 
member that the laws themselves must likewise be sound. 

3. We must notice that Article I of the Short Constitution 
commences, "Ccm^ress shall make no laiv" etc., which means that 
these first eight amendments to the Constitution of the United 
States apply only to the Federal Government, and are limitations 
on the powers of Congress rather than on the powers of the 
States. However each State has similiar provisions in its Con- 
stitution. 

4. Article 10 is important because it tells in a few words the 
exact relation of the States to the Federal Government. 

5. Article 5 of the main body of the Constitution provides that 
when nine States should ratify the Constitution, it should be es- 
tablished as the frame of government. The first state to ratify 
was Delaware, December 7, 1787; the ninth state was New Hamp- 
shire June 21, 1788; and the last state was Rhode Island May 
29, 1790. 

6. George Washington expressed the vast importance of this 
thought when he said: "The basis of our political system is the 
right of the people to make or alter their constitution of govern- 
ment" 



THE CONSTITUTION 71 

"The Constitution is itself in every rational sense and to every 
useful purpose a bill of rights." — Alexander Hamilton. 

"Much of the strength and efficiency of any government in 
procuring and securing happiness to the people depends on opinion, 
on the general opinion of the goodness of the government, as well 
as of the wisdom and integrity of its governors. I hope, therefore, 
for our own sakes, as a part of the people and for the sake of our 
posterity, that we shall act heartily and unanimously in recom- 
mending this Constitution wherever our influence may extend, and 
turn our future thoughts and endeavors to the means of having 
it well administered." — Benjamin Franklin. 

"In the fulness of time a Republic rose up in the wilderness of 
America. Thousands of years had passed away before this child 
of the ages could be born. From whatever there was of good in 
the systems of former centuries, she drew her nourishment; the 
wrecks of the past were her warnings. The wisdom which had 
passed from India through Greece, with what Greece had added 
of her own, the jurisprudence of Rome, the mediaeval municipali- 
ties, the Teutonic method of representation, the political experience 
of England, the benignant wisdom of the expositors of the law of 
nature and of nations in France and Holland, all shed on her 
their selectest influence. Out of all the discoveries of statesmen 
and sages, out of all the experience of past human life, she com- 
piled a perennial political philosophy, the primordial principles 
of national ethics — she sought the vital elements of social forms 
and blended them harmoniously in the free commonwealth which 
comes nearest to the illustration of the natural equality of all 
men. She entrusted the guardianship of established rights to 
law; the movement of reform to the spirit of the people and drew 
her force from the happy reconciliation of both." — George Bancroft. 

"In spite of its supposed precision, and its subjection to judicial 
construction, our constitution has always been indirectly made to 
serve the turn of that sort of legislation which its friends call 
progressive, and its enemies call revolutionary, quite as effectively 
as though Congress had the omnipotence of parliament. The 
theory of the latent powers to carry out those granted has been 
found elastic enough to satisfy almost any party demands in time 
of peace, to say nothing of its enormous extensions in time of 
war."— The Nation, Nov. 7, 1872, (No. 384, p. 300). 

"Our fathers by an almost divine prescience, struck the golden 
mean." — Pomeroy, "An Introduction to the Constitutional History 
of the U. S., p. 102. 

(The U. S. Constitution.) "It ranks above every other written 
Constitution for the intrinsic excellence of its scheme, its adapta- 
tion to the circumstances of the people, the simplicity, brevity 
and precision of its language, its judicious mixture of definition 
in principle with elasticity in details. One is induced to ask, to 
what causes, over and above the capacity of its authors and the 
patient toil they bestowed upon it, these merits are due, or in 
other words, what were the materials at the command of the Phil- 
adelphia Convention for the achievement of so great an enterprise 
as the creation of a natioin by means of an instrument of govern- 
ment. The American Constitution is no exception to the rule that 
everything which has power to win the obedience and respect of 
men must have its roots deep in the past, and that the more slowly 



72 THE SHORT CONSTITUTION 

every institution has grown, so much the more enduring it is 
likely to prove. There is little in this Constitution that is ab- 
solutely new. There is much that is as old as Magna Charta. 

— James Bryce, Author of "The American Commonwealth." 

"Let reverence for the law be breathed by every mother to the 
lisping babe that prattles on her lap; let it be taught in schools, 
seminaries, and colleges; let it be written in primers, spelling 
books and almanacs; let it be preached from pulpits, and pro- 
claimed in legislative halls, and enforced in courts of justice; 
let it become the political religion of the nation." 

— Abraham Lincoln. 

"The Constitution, which may at first be confounded with the 
Federal Constitutions which have preceded it, rests in truth upon 
a wholly novel theory — a great discovery in modern political 
science. In all the Confederations which have preceded the Amer- 
ican Constitution of 1787, the Allied States . . . agreed to obey 
the injunctions of a federal government; but they reserved to 
themselves the right of ordaining and enforcing the laws of the 
Union. . . ." (The American government, he explains, claims 
directly the allegiance of every citizen, and acts upon each directly 
through its own courts and officers.) "This difference has pro- 
duced the most momentous consequences." 

— Tocqueville's "Democracy in America. 

"It will be the wonder and admiration of all future generations 
and the model of all future constitutions." 

— William Pitt, after reading the Constitution of the 
United States. 

"The Constitution of the United States is by far the most import- 
ant production of its kind in human history. It created, without 
historic precedent, a federal-national government. It combined 
national strength with individual liberty in a degree so remark- 
able as to attract the world's admiration. Never before in the 
history of man had a government struck so fine a balance between 
liberty and union, between state rights and national sovereignty. 
The world had labored for ages to solve this greatest of all gov- 
ernmental problems, but it had labored in vain. Greece in her 
mad clamor for liberty had forgotten the need of the strength 
that union brings, and she perished. Rome fostered union, na- 
tionality, for its strength, until it became a tyrant and strangled 
the child liberty. It was left for our own Revolutionary fathers 
to strike the balance between these opposing forces to join them 
in a perpetual wedlock in such a way as to secure the benefits of 
both. They selected the best things that had been tried and proved. 
Hence their great success, hence the fact that 132 years after its 
signing, this same Constitution is still the supreme law of the 
land and more deeply imbedded in the American heart than ever." 

— Henry William Elson. 

"The Constitution is not an arbitrary, unchangeable document, 
but can be adapted to meet new conditions whenever the people 
decide. It should be upheld because under its wise provisions the 
United States has developed into a great nation of happy and 
prosperous people; because it contains sacred guarantees of pro- 
tection for the individual; and because it affords freedom and 



THE CONSTITUTION 73 

opportunity for every citizen, whether native-born or naturalized. 
American citizenship securely rests upon its firm foundation." 

— Henry Litchfield West. 

"The Federal Constitution, the whole of it, is nothing but a 
•code of the people's liberties, political and civil. The Constitu- 
tion is not a mass of rules, but the very substance of our freedom, 
not obsolete; but in every part alive; more needful now than 
ever, and as fitted to our needs." 

— Stimson, "The American Constitution." 

"No other country in the world possesses the guarantees of 
individual liberty and inherent rights that are accorded by the 
Constitution of the United States." 

— David Jayne Hill, "The People's Government" 

"We need not view with apprehension or even regret the gradual 
adaptation of the Constitution to the ever-changing needs from 
generation to generation of the most progressive nation in the 
world. The Constitution is not a static institution. It is neither, 
on the one hand, a sandy beach, which is quickly destroyed by 
the erosion of the waves, nor, on the other hand, is it a Gibralter 
rock which wholly resists the ceaseless washing of time and cir- 
cumstance. Its strength lies in its adaptability to slow and pro- 
gressive change. While the necessity of change may be recognized 
in the non-essentials, yet the Constitution was based upon certain 
fundamental principles which were not thus changeable. These 
time should not wither nor custom stale. While the great compact 
apparently dealt only with very concrete and practical details, of 
government in the very simplest language, and carefully avoided 
anything that savored of visionary doctrinarism, yet, behind these 
simply but wonderfully phrased delegations of power, was a 
broad and accurate political philosophy, which constitutes the 
true doctrine of American Government. Its principles are of 
eternal verity. They are founded upon the inalienable rights 
of man. They are not the thing of the day or temporanry cir- 
cumstance. If they are destroyed, then the spirit of our govern- 
ment is gone, even if the form survive." — James M. Beck. 

"The Constitution remains the surest and safest foundation for 
a free government that the wit of man has yet devised." 

— Nicholas Murray Butler. 

"I believe there is no finer form of government than the one 
under which we live, and that I ought to be willing to live or die, 
as God decrees, that it may not perish from the earth through 
treachery within or through assault without." 

— Vice-President Marshall. 

Although not a citizen of your great country, I am heart and 
soul with you and your associates in the glorious fight you are 
making for the preservation of your peerless Constitution, which 
has made your country what it is, and which is today the brightest 
hope of mankind." 

— Baron Rosen, formerly Russian Ambassador to the 
United States of America. 

"Under the American Constitution was realized the sublime 
conception of a nation in which every citizen lives under two 
complete and well-rounded systems of laws, — the state law and 
the federal law — each with its legislature, its executive, and its 
judiciary moving one within the other, noiselessly, and without 



74 THE SHORT CONSTITUTION 

friction. It was one of the longest reaches of constructive states- 
manship ever known in the world. There never was anything 
quite like it before, and in Europe it needs much explanation 
even for educated statesmen who have never seen its workings. 
Yet to America it has become so much a matter of course that they, 
too, sometimes need to be told how much it signifies. In 1787 it 
was the substitution of law for violence between states that were 
partly sovereign. In some future still grander convention we trust 
the same thing will be done between states that have been wholly 
sovereign, whereby peace may gain and violence be diminished 
over other lands than this which has set the example." 

— John Fiske, written in 1888. 

ELEMENTARY QUESTIONS 

1. Compare "The Short Constitution" on pages 64-68 with the 
complete Constitution found at the back of the book. 

2. Why were these parts selected from the entire Constitution? 
Is there any similarity in the various parts selected? 

3 . What are the most important provisions of the Constitution of 
the United States? 

4. Do the guarantees of the Constitution protect the rights of 
all people living in America, or do they apply only to a few 
favored classes? 

5. What was the date of the adoption of the original Constitu- 
tion? 

ADVANCED QUESTIONS 

A. Why are we interested in our rights? 

B. What are the. dangers of talking too much about our rights? 

C. Make a list of a duty to correspond with each right selected. 

D. Write a paper on the following: 

The Officials Provided by the Constitution 
The American Bill of Rights 



VIII 

MAKING THE CONSTITUTION 

HOW THE CONVENTION OF 1787 DRAFTED THE CONSTI- 
TUTION OF THE UNITED STATES 

You will remember from your study of American 
history that when the early colonists came to this 
country they settled along the Atlantic coast in many 
separate and distinct groups. Not all had come from 
the same country. Most of them were English, but 
there were also smaller settlements of Dutch, French, 
Germans and Swedes. It was not many years until 
the English had taken control of all the land from 
Maine to Georgia, but even then not all the English 
were alike. There were Puritans and Cavaliers, Scotch 
and Irish, Scotch-Irish and Quakers. They differed 
in their ideas of government, religion and education. 

These colonists had come for many purposes. Some 
had come to make their fortune. Others because of 
trouble at home. Most had come to be free, to worship 
God in the way they chose, to form their own govern- 
ment, to make their own laws, to govern themselves; 
and in the early days, they had met with success. 

But as time went on, as more people came, as ships 
were built, and trade and commerce increased, the 
government of England became more and more tyran- 
nical. The English people may not have favored this, 
but they did not direct the acts of their king and his 
officers. Taxes were placed on the colonists without 
their consent. They were forced to accept laws not 



76 THE SHOBT CONSTITUTION 

of their own choosing. The king refused them the 
right to select their own judges. They could not trade 
where they pleased. If you will read the Declaration 
of Independence you will see how their liberties were 
restricted. 1 

All this time the various colonies were as separate 
as so many distinct countries. They did not know 
each other. There was little travel from one to an- 
other. They were quite different. But they were alike 
in the fact that each wanted liberty, and that each was 
subject to oppression from the English king. 

So from time to time we find them sending delegates 
to some common meeting place to discuss a plan of 
action. In 1754 a group met at Albany to suggest a 
plan of union. In 1765 England passed the Stamp 
Act which put a tax upon certain articles such as books, 
newspapers and playing cards. A person, could not 
sell one of these articles without pasting upon it one 
of these stamps, the money from which went to Eng- 
land as a tax. It was much like our war tax upon 
tooth paste, shaving soap, and playing cards. The dif- 
ference was this. The colonists had never given the 
right to make this tax. It had been imposed upon 
them by England; and further, if a person were ac- 
cused of selling a book or newspaper without this 
stamp, he could be severely punished. 2 This enraged 
the colonists, and in New York in the following year, 
there met a group of delegates from nearly all the 
colonies to discuss ways and means of meeting this. 
Again in 1774, conditions having become worse, 
delegates from all the colonies met in Philadelphia 
in the First Continental Congress, to form some kind 
of a union among the colonies. It was this congress 
and the one that followed it, that carried on the 



MAKING THE CONSTITUTION 77 

first years of the Revolutionary War. It drafted 
the Declaration of Independence. It raised the armies, 
provided for them, and brought the states together. 

But it had very little power. So in 1777 the Articles 
of Confederation were drawn up, were adopted by 
Congress and sent to the states and in 1781 they were 
finally adopted by the states. They were inadequate. 
Each little state wanted all the power in its own hands. 3 

You cannot blame them. Picture to yourself these 
little settlements down on the Atlantic Coast. All to- 
gether they did not have as many people as there are 
in the state of New Jersey to-day. They and their 
fathers had left their homes and traveled thousands 
of miles over stormy seas to find liberty. They them- 
selves had fought a long war against England to make 
themselves free. They did not wish to give up these 
powers. 4 

But the wiser people in the different states saw that 
to form a more perfect union it was necessary to grant 
the central government more powers, and to fix for- 
ever certain rights which every American citizen should 
enjoy throughout the years to come. So the people 
selected men as their representatives and authorized 
them to meet with the representatives from other 
states at Philadelphia in 1787 to draw up a plan of gov- 
ernment which would be strong enough to hold the 
country together and govern it effectively. 

Now who were these men ? They were men who were 
selected by their neighbors to represent them, just as 
men are elected today to represent us in the legislature 
of our state or in congress. To be sure, in those days 
not all men were allowed the right to vote. In some 
states a man had to have a certain amount of money 
before he could vote. In others men of certain religious 



78 THE SHORT CONSTITUTION 

faiths were not allowed to vote. But the delegates to 
the constitutional convention were men who were 
fairly representative of all the people. When we con- 
sider the work that they did, that they wrote our Con- 
stitution, that they were able to do this at the time 
they did, we must feel that a wise Providence guided 
their selection and inspired them in their wonderful 
work. 

There in Independence Hall in Philadelphia were 
Benjamin Franklin and George Washington, James 
Madison and Edmund Randolph, Alexander Hamilton 
and Gouverneur Morris. Almost all the prominent 
men of the time took part. 5 

They took the best that they knew of the experience 
of the human race in government, especially the ex- 
perience of England and America and from this they 
drew up the Constitution of the United States, the 
foundation of the government under which we live 6 

When they had finished their work, that part of the 
Constitution which precedes the amendments, they 
submitted it to the states. They were very careful to 
see to it that the people themselves should approve 
of this. So instead of having the usual legislature of 
each state vote upon it, they provided that the people 
of each state should elect delegates for a special con- 
vention, the only purpose of which was to decide 
whether or not they would like to live under a govern- 
like this. 7 These conventions elected by the people 
for this special purpose met, and one after another, 
often after a bitter struggle, ratified the Constitution. 
The chief objection was that the rights of all Ameri- 
cans were not clearly stated. 

So at the first meeting of Congress, the first 
ten amendments, our American Bill of Rights, were 



MAKING THE CONSTITUTION 79 

adopted and ratified by the states. Since then the 
Constitution has been rarely amended. In 1798 and 
in 1804 the eleventh and twelfth amendments regarding 
the courts and the election of president were adopted. 
After the Civil War three amendments were adopted 
regarding the problem of the negro citizen. Since then 
we have added changes regarding the income tax, 
the election of United States Senators, and prohibition. 
The last amendment dealing with the extension of the 
vote to women, was ratified by Tennessee as the thirty- 
sixth state on August 18, 1920. 

To-day then, our government is founded upon the 
Constitution made shortly after the Revolutionary 
War. It represents the aims and ambitions of the fath- 
ers of our country. They came to this land to be free. 
They suffered persecution. They threw off the yoke of 
the oppressor. They established a government of the 
people, by the people, for the people. The people se- 
lected the men who drew it up. They selected the men 
who amended it. Our task is to understand what it 
means, to obey it and protect it. 

The lofty purpose of the fathers of the republic in 
establishing this, the first real government by the 
people, is expressed in these thrilling words : 

"We, the People of the United States, in Order to 
form a more perfect Union, establish Justice, insure 
domestic Tranquility, provide for the common defence, 
promote the general Welfare, and secure the Blessings 
of Liberty to ourselves and our Posterity, do ordain 
and establish this Constitution for the United States 
of America." 

NOTES AND COMMENTS 

1. The English government forced laws upon the colonies to re- 
strict trade and manufactures, to place a standing army in 



80 THE SHORT CONSTITUTION 

America, and to raise taxes. The tax laws were denounced as 
illegal by the colonists, who argued that they were not represented 
in Parliament. 

Read the charges made against the king and the government of 
England in the Declaration of Independence. 

2. Read the famous speech made by James Otis against the 
Stamp Act in the Stamp Act Congress in New York October, 1765. 
See Am. Hist. Leaflets. 

3. The following were the fundamental defects of the Articles 
of Confederation. 

a. It did not provide for a central executive, and there was na 
supreme executive to enforce the laws. 

b. No provision was made for a central judiciary, and each State 
interpreted the federal laws as it saw fit. 

c. It permitted concurrent-legislation on vital subjects: i. e. each 
State could legislate as it pleased on such subjects as tariff, 
foreign treaties, currency, etc. 

d. It permitted each State to regulate its own coinage and there 
were at one time fourteen different kinds of coinage in the 
thirteen States. This greatly interfered with trade. 

e. It gave Congress no power to enforce the observance of treat- 
ies. Congress could pass laws but could not enforce them. 

f. It gave Congress no power to coerce a State — it could only 
recommend to the States. 

g. It required a two-thirds vote on all questions in Congress, 
and votes were cast by States. Bills may pass the present 
U. S. Congress by a majority vote. 

h. Congress could not reach the individual to punish him for 
crime committed against the federal government, except 
through the state in which the crime was committed. Often 
the States refused to act. 

i. The Articles could not be amended without the consent of all 
of the States. Several times one State defeated the amend- 
ment of the Articles. 

4. The small states having only small areas and therefore less 
room for settlers, were afraid of any form of union government 
which gave the states proportional representation in Congress. 
These small states declared they would not ratify the Articles of 
Confederation until those states having large areas of western 
lands would agree to cede those lands to the federal government. 
The seven states holding western lands agreed to cede their lands 
in January, 1781, and on March 1st, Maryland as the last state 
ratified the Articles of Confederation. 

5. The various states chose a total of 65 delegates to attend the 
Federal Convention at Philadelphia. Of these, 55 actually sat in 
the Convention. Of the entire number, 42 were present on the last 
day and 39 signed the Constitution. 

Of the fifty-five who sat in the Convention, twenty-five were 
from north of the Mason and Dixon Line, or from the Northern 
states, and thirty were from the Southern states. Of the thirty- 
nine signers, 19 were from the North and 20 from the South. The 
three who refused to sign were Elbridge Gerry of Massachusetts, 
and Edmund Randolph and George Mason of Virginia. These three 
men thought the Constitution gave too much power to the central 
government and did not leave enough to the states. 



MAKING THE CONSTITUTION 81 

Eight of the men who signed the Constitution were of foreign 
birth. They were Alexander Hamilton, William Patterson, James 
Wilson, Robert Morris, James McHenry, Thomas Fitzsimons, 
William R. Davie and Pierce Butler. You will notice that Ham- 
ilton, Wilson, Patterson and Morris were among the most influ- 
ential men in the Convention. Many of America's greatest men 
have been of foreign birth. 

The oldest man in the Convention was Benj. Franklin who was 
81 years of age. The youngest man was Jonathan Dayton of New 
Jersey who was only 27. Charles Pinckney was 29 years old, and 
Alexander Hamilton was 30. The average age of the entire mem- 
bership in the Convention was 43 2-5 years. 

The membership in the Convention included a remarkable group 
of men. In fact the most remarkable group of statesmen that ever 
assembled for the making of a constitution. They had gained their 
experience in five different ways: Colonial Legislatures, State 
Legislatures, State Conventions, Continental Congresses and in 
the Congress of the Confederation. Six of them had the honor of 
having signed the Declaration of Independence: Benjamin Frank- 
lin, James Wilson, Robert Morris, Roger Sherman, George Read, 
George Clymer. Thirty delegates were college men and twenty-six 
had degrees. 

6. A careful study of the debates in the Federal Convention will 
reveal the following allusions to the government and institutions 
of other countries. A total of 223 allusions were made to the gov- 
ernments of Europe, the most important of which were the follow- 
ing. One hundred thirty allusions were made to England, of 
which fifty were commendatory, and twenty-four were warnings; 
nineteen allusions were made to France, of which five were com- 
mendatory and three were warnings; Germany, or rather the Ger- 
man States, had seventeen allusions; Holland had twenty allusions; 
Greece had twenty-five; Rome had twenty-six. The 223 allusions 
were made in such way as to indicate that the delegates were 
widely read in both government and history. 

7. The Constitution in Art. VII says, "The ratification of the 
Conventions of nine states shall be sufficient for the establishment 
of this Constitution between the states so ratifying the same." 

The first state to ratify was Delaware on December 7, 1787. New 
Hampshire, the ninth, ratified on June 21, 1788, and Rhode Island, 
the last, on May 29, 1790. 

ELEMENTARY QUESTIONS 

1. Why did the early settlers come to America? 

2. From what countries did they come? Which countries were 
most important? 

3. Why did they become dissatisfied with English rule here? 

4. Why did they wish to unite? Name some of the earlier at- 
tempts at union. 

5. When was the Stamp Act passed? What was it supposed to 
do? Why did the colonists object? 

6. Why were the Articles of Confederation not satisfactory? 



82 THE SHORT CONSTITUTION 

7. What was the meeting in Philadelphia in 1787? How were 
the representatives at this meeting chosen? How did they 
try to see that the representatives at this meeting actually 
represented the people? 

8. How was the Constitution ratified by the people? In what 
way did they try to make it the actual will of the people? 

9. When was our Bill of Rights passed? 

10. What amendments have been added to the Constitution since 
1791? 

ADVANCED QUESTIONS 

A. How did the makers of the Constitution guard against the 
abuses cited in the Declaration of Independence? 

B . How were the defects in the Articles of Confederation guarded 
against and remedied? 

C. What experience had the makers of the Constitution had which 
enabled them to prepare so successful a document? 

D. Would you say that Gladstone's statement, "it is the greatest 
work ever struck off at any one time by the mind and purpose 
of man" was literally true? 

E. How did the allusions to other countries made during the 
convention show the advantage of America's being a "melt- 
ing pot"? 

F. What people were allowed to vote at the time of the adoption 

of the Constitution? 

G. What were the chief objections urged against ratification of 
the Constitution? 

H. Write a paper on the following: 

Why the People Needed a Constitution 
The Main Points Included 

A Comparison of the Work Done Then and the Outline Made 
in Answer to Questions J Chapter Two 
George Washington 
Benjamin Franklin 
Alexander Hamilton 
James Madison 



IX 

FREEDOM 

HOW FREEDOM OF WORSHIP, SPEECH, THE PRESS, AND 
ASSEMBLY ARE GUARANTEED 

This morning we begin the consideration of what I 
believe to be the most important of all the subjects we 
have talked about. I think people are more inter- 
ested in their privileges and rights than they are in 
their duties. In fact we hear a great deal, and we read 
a great deal, about ' ' rights, ' ' but we do not find very 
much said on the streets, in the homes, or in the news- 
papers, about our "duties." 1 

Now we have considered in a very general way the 
nature of our government and something of our powers 
and duties under the Constitution. I know that you 
will be interested in considering our rights and priv- 
ileges under the Constitution of the United States. 

Always keep in mind that each State has a consti- 
tution, and that the nation has a constitution ; that the 
Constitution of the United States was of course the 
first constitution, and that it covers the entire nation, 
not only the original thirteen Colonies, but the present 
forty-eight States, and that any states that may here- 
after be brought in the union will have as their funda- 
mental law the constitution adopted by the people in 
the long ago. 2 

Also always keep in mind that the nation has certain 
powers, and that the Constitution of the United States 
is supreme only as to the things over which the United 
States as a nation has control. 

83 



84 THE SHORT CONSTITUTION 

But it is important to bear in mind that the great 
principles of the Constitution of the United States 
have been carried into the constitutions of the various 
states, and that the rights and privileges of the people 
under the Constitution of the United States, have also 
to a large extent been guaranteed by the constitutions 
of the states. 3 

This morning we take up a Constitutional guar- 
antee which you perhaps have not thought much about, 
but which is one of the most important in the whole 
Constitution — Freedom of Worship. The Constitution 
provides — 

"Congress shall make no law respecting an estab- 
lishment of religion, or prohibiting the free exercise 
thereof."* 

As we look back through the history of the world 
we are startled to find that this was the first written 
guarantee that the people of any nation ever had 
permitting them to worship God according to the 
dictates of their own conscience. 5 

Now some of you may not realize how important 
this is ; but there is nothing so dear to the human heart 
as the right, the privilege, of belonging to that church 
and worshipping God in that manner which each in- 
dividual may desire. We do not realize the value of 
such a privilege until some one, or some power, seeks 
to take it away from us. All through the world men 
and women and children have fought, and many of 
them have died, for this privilege. It was the custom 
of the nations of the world before our Constitution to 
have an established religion, a national religion, and 
in many of the countries it was the law that every one 
must belong to the State Church, and must actually be- 
lieve in the religion of the State. In fact, in many 



FREEDOM 85 

countries, to refuse to believe in the religion of the 
State was punished by death — sometimes by burning 
to death, and I am sure you will be surprised to realize 
that while America was first settled by people who 
were seeking religious freedom, they were still so 
imbued with a feeling of the old days that persons 
must worship, not as their conscience might dictate, 
but as the State might dictate, that for many years 
in this country in certain of the colonies a State re- 
ligion was recognized, and obligation to conform to 
the State religion enforced by severe penalties. 

In the Colony of Virginia the established or State 
Church existed, and it was the law that any person 
who did not conform thereto should be punished by 
burning to death. This is startling, isn't it, to hear of 
such a brutal law upon American soil? Virginia after- 
wards became the pioneer in legislation establishing 
freedom of worship, but it took the most strenous ef- 
forts of Thomas Jefferson through many years finally 
to wipe out these cruel laws and establish freedom of 
worship. 6 

The Virginia statute granting absolute freedom of 
worship was the first ever adopted in the history of the 
world by any State or Nation; the first guarantee of 
the right. Freedom of worship had existed before 
this in Maryland under the generous rule of Lord 
Baltimore, but the first formal statute was adopted in 
Virginia. 

Now your teachers tell me that in this school the 
pupils belong to sixteen different churches. I suppose 
each one of you thinks that the church to which he 
belongs is better than any of the others. I hope you 
do. I hope that every child is sincere in his religious 
belief, whatever it may be. But how would you feel 



86 THE SHORT CONSTITUTION 

if some representative of the State should come 
here this morning, and announce that a law had been 
passed by which every pupil must belong to the Bap- 
tist, the Methodist, the Catholic, or the Jewish church? 
How would you feel if a law were to be read to you 
which provided that unless you changed your religious 
belief and adopted some other, you would be 
burned to death out here on the hillside? You can 
hardly believe that such a thing would be possible in 
any age of the world; and yet never forget that the 
foregoing provision which I have read from the Con- 
stitution of the United States was the first declaration 
of the right of the people of a whole nation to worship 
God according to their own will, their own conscience. 

The declaration, of this great right by the Constitu- 
tion of the United States has been in full force ever 
since the adoption of the Constitution, not only as a 
national law, but similar provisions have been made 
the policy, usually by the Constitution, of every state 
in the Union. What a glorious thing is it to live in a 
nation and in an age where no man, no State, and no 
power can tell you what to believe, or how to express 
your belief, what church you shall attend, or in what 
manner you shall express your religious faith. 

Not only this, but this Constitutional guarantee pro- 
tects every one in his right to belong to no church 
if he so elect. The soul is free. No power can compel 
one to belong to any church, nor to in any manner be 
compelled to hold or exercise religious faith, or relig- 
ious duty or obligation. In other words, men are free, 
and this freedom, aside from any other guaran- 
tee of the Constitution, should make us all feel affection 
and veneration for this great Charter of Human Lib- 
erty. 



FREEDOM 87 

But freedom of worship is only one of the many 
rights and privileges guaranteed to the people — to all 
the people. 

Another great natural right — God given right, is 
firmly and finally established: 

"Congress shall make no law .... abridging the 
freedom of speech or of the press/' 7 

Here again remember, when you are thinking of 
what you owe to your country, that this declaration of 
the Constitution was the first in all the history of the 
world by which a Nation guaranteed to all the people 
the right freely to express their thoughts in words or 
in writing. This was the first time the chains were 
taken from the human intellect. No one will ever be 
able to number the men and women who, throughout 
the history of the world, were condemned to death, 
because they dared to express their sentiments. If 
Patrick Henry had delivered his famous speech in 
which he said "Give me liberty, or give me death" in 
England rather than America, he would have been 
promptly punished. Hundreds of the Colonists would 
have been hanged by the British government if they 
had expressed themselves in the mother country in- 
stead of in the new world. Kings to hold their power 
in the old world, to keep the people so terrorized that 
they would submit to their will, made the practice of 
hanging or beheading those who spoke freely their sen- 
timents against the government. 8 

Of course under the old laws those who expressed 
their religious convictions in opposition to the state 
church by word or writing, were usually promptly 
imprisoned, hanged or burned. 

Now do not have any misunderstanding about this 
guarantee of freedom of speech and of the press. We 



88 THE SHORT CONSTITUTION 

often hear complaints of certain people about certain 
laws punishing those who abuse the privilege of free 
speech; but there is no law of state or nation which 
prohibits the speaking or writing of anything in this 
country. Men may speak and write what they will; 
but there are some laws punishing those who abuse 
this great privilege to the injury of another person, 
or to the injury of the nation. Of course no one would 
feel that it was right to allow another to write libel- 
ous articles about your neighbors. You would not feel 
that it would be right to permit some vile person to 
write false and vicious articles about your mother or 
your father ; and yet any one may do so. They cannot be 
prohibited or enjoined from doing so, but they may be 
punished after doing so, after they have been tried in 
a court and found guilty of libel by a jury of their 
fellow men. 9 

So if one writes a threatening letter to your father, 
telling him that he will kidnap his child unless he pays 
ten thousand dollars by a certain time, such person 
is exercising his constitutional right to freedom of 
expression, but no one would think that it was right to 
permit him thus to abuse his constitutional right with- 
out being punished for it ; and consequently such per- 
son may be arrested and tried, and if found guilty, 
punished. 

So in these later days it has been found wise, not 
to prohibit persons from giving expression to their 
views about our government, but to punish those who 
show by their words or writing, that they are rebels 
against our government, endeavoring by their words 
to cause a revolution, to incite people to use force, 
bombs, the torch, to destroy our government. 

No one can ever be punished for criticizing our gov- 



FREEDOM 89 

ernment, or any of the officers of our government, so 
long as he does not undertake to destroy our govern- 
ment, and I am sure that you would not think it right 
to permit any one to destroy the government controlled 
by ourselves which has brought to us so many blessings. 
Nearly every one agrees that if a person should use 
bombs or the torch in an effort to cause revolution and 
destroy our form of government, such a person should 
be punished; but there are a few who think that 
they should not be punished until they actually begin 
destruction. Of course we cannot agree with them. The 
man who goes out on the street corner and advocates 
the use of the bomb and the torch to destroy our gov- 
ernment, who arouses passions willfully with the pur- 
pose of destroying the government, is doing just as 
much wrong as is done by the person who follows his 
advice and uses the bomb and the torch. In fact the 
man who advocates revolution and destruction, who 
preaches the use of the bomb and the torch, who plants 
the poison in the hearts of his fellow-men, and incites 
them to revolutionary action, is more guilty of wrong 
than are those who stirred by his appeals, carry out 
his wishes. 

In punishing those who thus violate every principle 
of loyalty, patriotism and right, the constitutional pro- 
vision is in no manner modified. The worst revolu- 
tionist has the freedom of speech and of the press 
guaranteed to him. The law which punishes him does 
so only because under the protection of the Constitu- 
tion, he commits a crime against his country and 
against humanity. 

America has done more than any other nation in 
the world in the cause of educating the common people. 
It should exercise care that the people should be edu- 



90 THE SHORT CONSTITUTION 

cated in the true spirit of America, that their minds 
should not be poisoned by the vicious teachings of 
those, not Americans at heart, who seek to poison 
souls, and rob the people of their patriotism and of 
their loyalty. 

In the olden days so tyrannical was the king that 
in many instances when the people complained of their 
burdens and sought rights and privileges they were 
punished for daring to seek relief. The king would 
usually give them what he thought they ought to have 
and would not listen to complaints. One of the rights 
which the people always hoped for was the privilege 
of assembling, meeting together, talking over their 
troubles and drawing up a petition signing and pre- 
senting it, praying "a redress of grievance." When 
the representatives of the people met in the consti- 
tutional convention in Philadelphia they had be- 
fore their minds the things that the people had suffered 
under old forms of government and it was their earnest 
effort to provide constitutional guarantees which would 
prevent the abuses to which the people were compelled 
to submit in the old world. Therefore one of the pro- 
visions of the Constitution of the Unitel States is — 

" Congress shall make no law .... abridging .... 
the right of the people peaceably to assemble, and to 
petition the Government for a redress of griev- 
ances." 10 

Under this constitutional guarantee the people have 
the right to peaceably assemble at any time or place, 
to talk over their troubles and to draw up a petition 
to the Government seeking relief from unjust burdens. 
Where they assemble peaceably there is no officer of 
the government and no court that can interfere with 
them; and when they petition the Government they 



FREEDOM 91 

cannot be reprimanded or punished in any way. Of 
course under our representative government where 
the people themselves select those who make the laws, 
the necessity for assembling and drawing up petitions 
is not so great. Yet in congress and in the legislatures 
of the various states nearly every day petitions come 
in from some body of people urging the adoption of 
a certain law or objecting to a certain proposed law. 
If you were in congress or in the legislature you would 
probably see some member arise and say " Mr. Speaker, 
I present the petition of the people of my district 
objecting to the passage of a Bill No. 781, which I desire 
to have made part of the record, ' ' and the Speaker who 
is the presiding officer, would respond in substance 
"the request of the gentleman will be granted and the 
petition will be made part of the record." 

What I desire especially to impress upon you this 
morning is the value of this right and the failure of 
our people to take advantage of the privilege granted. 
This being a government by the people and the laws 
being made by their agents, these agents of the people, 
members of congress and of the state legislatures, 
cannot carry out the will of the people unless they 
know what the people want. Ask your father when 
you go home whether or not he has ever written 
to the member of congress from this district telling 
him about some law he would like to have passed or 
about some proposed law which he would like to see 
defeated. The truth is that there are large numbers 
of people in this city who do not even know the name 
of their congressman, or representative in the legis- 
lature of the state. They do not pay any attention 
to such things, yet when the legislature or congress 
passes a law they are always ready to criticize and 



92 THE SHORT CONSTITUTION 

condemn, despite the fact that before it was passed 
they did not take interest enough to give an expression 
of their views to those who were trying to follow the 
wishes of the people. From time to time the people 
should assemble in every community to talk over gov- 
ernment matters, their matters, the things that come 
most close to them in life. You will find men and 
women meeting every month in their lodges and clubs, 
discussing all sorts of things, music, art and liter- 
ature, but we find hardly any organized meetings for 
the discussion of the big things in life, our liberties, 
our rights, our duties as citizens of this free republic. 
I hope to see the time when there will be community 
centers and regular assemblies, not for amusement 
but for serious discussion, serious thought and earnest 
cooperation in the affairs of the city, state and nation. 
There is so much complaint in these days that it would 
be of great value at these assemblies to allow every 
person who has a grievance against the government 
or any branch of the government, to present it for 
discussion. The rights and duties of each individual 
in government are of importance to every other person, 
and there should be frankness, honesty and earnestness 
in every discussion of grievance and remedies, so that 
public sentiment may be developed. Government in 
a democracy is government by the sentiment of the 
people; and the sentiment of the people can only be 
created and manifested by talking over the things in 
which all people are interested, the problems of life^ 
liberty and happiness. 

NOTES AND COMMENTS 

1. Every right begets a duty. The more rights our government 
gives us, the more duties are imposed upon each one of us. In 
an absolute monarchy the people have very few rights and they 



FREEDOM 93 

also have very few duties to perform. In democracies like the 
United States the people have a right to participate in govern- 
ment, they also have the duty of becoming intelligent and becoming 
acquainted with the various details of the administration of 
government. When people have a right to participate in govern- 
ment — they have the duty of attending every election and casting 
an intelligent ballot. Where people have a right to make law — 
they must accept the duty of helping enforce law. Where people 
have freedom of religious belief and worship — they must refrain 
from interfering in the belief of other people. Where they have 
freedom of speech and press — they must protect other people in 
that same right. Where people have the right of trial in a legally 
constituted court of law — they must refrain from mob rule or 
from lynch law. The greater the privileges given a people by 
law — the greater are their duties to see that law is always respected 
and carefully enforced. 

2. The government of the United States is a dual government. 
There is a state government within each state, which is supreme 
over the affairs of that state alone. Then there is a Federal Gov- 
ernment which is supreme and sovereign throughout the entire 
United States in all those affairs which the Federal Constitution 
gives to the control of the Federal Government. The police power 
of a state is commonly defined as the power of a state to control 
all of its domestic internal affairs. The Federal Government is 
not permitted to interfere with the police powers of the states. 

3. "No state allows its government to dictate to any one what 
church he shall attend or compels him to contribute to the support 
of any church, the establishment of state churches being every- 
where forbidden. No person is disqualified from holding office or 
exercising legal rights because of his religious views, although a 
very few states make belief in the Deity a requisite for holding 
certain state offices." — Harts Actual Government. .Sect. 13. 

4. Constitution of the U. S. 1st. Amendment. 

5. Church and state are wholly separated in the United States. 
When a man takes office, no one asks him to what church he 
belongs, or what his faith is. If a man wants to believe in the 
religion of India or China, no officer of the national government 
has a right to interfere with him, providing he does not violate a 
law of the land. Religious tolerance is a growth. The Puritans 
who founded New England, although they fled to America because 
of religious persecutions, did not practice religious tolerance in the 
New World. 

6. "The witchcraft craze at Salem, Massachusetts in 1692, is 
commonly thought to have been the legitimate outgrowth of the 
gloomy religion of the Puritans. Nineteen persons were hanged 
or burned at the stake for having bewitched children. One was 
crushed to death under heavy weights because he would not confess 
that he was possessed of the devil. From the time of King John 
down to 1712, innocent lives were constantly sacrificed in England 
on this charge." — The Colonies. R. G. Thwaites. .p. 190. 

7. Constitution of the United States. 1st Amendment. 

8. The first ten amendments to the Constitution of the United 
States are limitations on the powers of Congress, and these amend- 
ments do not in any way limit the powers of the several states. 
It is a fact however that practically all the states have incorporated 



94 THE SHORT CONSTITUTION 

these same amendments in their constitutions thereby placing 
the same limitations upon their legislatures. A state may change 
its constitution and thereby curtail freedom of speech and press 
as it may think necessary to protect its people, and some of the 
states have enacted laws forbidding anarchists to hold public meet- 
ings or to publish yellow journals, in which they berate the gov- 
ernment or instigate rebellion or sedition among the people. But 
the Federal Government cannot pass any law abriging the free- 
dom of speech or press except such as may be enacted under the 
war powers of the government when in actual war, such as was 
enacted in the Espionage Act of 1917. 

9. Libel is defined as any statement printed, or written, or any 
picture or caricature that causes another person to be brought into 
hatred, contempt or ridicule or to be shunned by his associates. 
Slander is any oral statement that causes another person to be 
brought into hatred, contempt or ridicule, or to be shunned by his 
associates. In order to constitute either slander or libel the state- 
ment or utterance must be published i. e. must be communicated 
to a third party. 

"The right of citizens to petition the government to remove 
abuse was won in Europe only after many hard conflicts. It 
is not conceded in some European governments today, and men 
in those countries who lead in reforms and advocate democratic 
measures are often thrown into prison, banished, or exiled. This 
amendment to the Constitution was inserted to guard against the 
tyranny of officers, who might abuse the authority conferred upon 
them by the people." 

10. Constitution of the United States. 1st. Amendment. 

"The right of assembly is coupled with the guaranty of the right 
to petition the government for a redress of grievances; but it is 
not to be understood as limited to that object. Without doubt 
assemblages for social, political or religious purposes are pro- 
tected by such against legislative prohibition unless attended with 
circumstances rendering the exercise of the right inimical to public 
peace, security or welfare." 

— Emlin McClain. Cyclop, of Am. Gov. I. 85. 

"The right to assemble may be restricted so far as necessary to 
prevent its being exercised to promote unlawful purposes or in such 
manner as to result in public inconvenience." 

— Cyclop, of Am. Government. I. 85. 

"The provision to the amendment to the Federal Constitution is 
a limitation only on the powers of the Federal Government and 
does not apply to the several states. The states have largely 
copied the same provision into their constitutions." 

"The right of petition is important as recognizing a lawful oc- 
casion for the assembly of the people and in connection with the 
guaranty of freedom of the speech and the press. The subject 
matter of a petition cannot be made the basis for a prosecution for 
public or private libel if it is kept within the limits of the privilege 
accorded." — Cyclop, of Am. Government. II. 675 

"Through the right of petition the people have a means of 
informing their law-makers of their wishes and of guiding public 
opinion." 

"The rules of the national House of Representatives provide 
that members having petitions to present may deliver them to 



FREEDOM 95 

3;he clerk and the petition, except such as, in the judgment of the 
speaker, are of an obscene or insulting character, shall be entered 
.upon the journal." — Emlin McClain. Cyclop, of Am. Gov. II. 675 

ELEMENTARY QUESTIONS 

1. Which colonists came to America to avoid religious persecu- 
tion? 

2. Why do people fight and die for their religious beliefs? 

3. In what ways were people persecuted for their religious be- 
liefs? 

4. Where was the first statute granting absolute freedom of 
worship passed? 

5. Why is it a good thing to have freedom of speech? 

6. Name some famous Americans who have been outspoken in 
saying what they thought. 

7. Can you publish in the paper a statement that Mr. X is a 
burglar? If so, can you be punished if your statement is not 
true? If so, how can you have freedom of speech? 

8 . Is the Constitution of the United States in force in all the 
States of the Union? 

9. Are there other constitutions which the people of different 
States must observe? 

10. Why did the people want the right to assemble? 

11. Do you know of any countries where they do not allow it? 

12. Do you know of anyone who ever sent a petition to a State 
legislature? To Congress? What was it like? 

13. How may assemblies of people and petitions help to make our 
representatives do what we want them to do? 

ADVANCED QUESTIONS 

A. Name the places in the world, where to-day there is religious 
persecution. 

B. Describe the conditions in Armenia. 

C. What are the real advantages of religious liberty? 

D. Just how would it affect a person if freedom of speech were 
not allowed? 

E. How may the right to freedom of speech be abused? 

F. During the recent war, men were punished for what they said 
under what is known as the Espionage Act. How can this be 
reconciled with freedom of speech? 

G. Discuss the method of organizing a community meeting. 
H. Discuss the method of preparing a petition. 

I . Suppose the opinion of the meeting should be divided, what 

should be the procedure? 
J. Plan a method to make the people talk more about government? 



96 THE SHOKT CONSTITUTION 

K. What are the dangers of a lack of interets in the affairs of 

government? 
L. How will a congressman represent the wishes of the people if 

he receives no petitions? 
M. Write a paper on the following: 

The Story of the Pilgrims 

Roger Williams and the Providence Colony 

Lord Baltimore 

Thomas Jefferson and Religious Liberty 

Censorship of the Press and Freedom of Speech 

What to do with an Anarchist Meeting 

Socialist papers 

The Importance of the Right of Petition 

Keeping in Touch with our Representatives 

Some Petitions I have Seen 

Things For Which We Should Petition the Legislature 



X 

MILITARY PROVISIONS 

EIGHTS OF CITIZENS TO BEAR ARMS— RESTRICTIONS ON 
QUARTERING SOLDIERS IN HOMES 

Again we find the framers of the constitution look- 
ing back into the past at abuses imposed upon the 
people by kingly power. They inserted in the Constitu- 
tion the following : 

"A well regulated Militia, being necessary to the 
security of a free State, the right of the people to keep 
and bear Arms, shall not be infringed." 1 

They were making a Government of free states. 
They did not wish to see the national government be- 
come the master of the states nor the master of the 
people. They believed that the government should 
be the servant and not the master. They wanted to 
have the power in the hands of the people of the states 
to protect their rights if they ever should be invaded 
by force ; and therefore they furnished to the people of 
all the states the guarantee that the states should have 
the right to have militia, that is, soldiers organized 
to maintain order and to defend the state, if necessary, 
against abuse of power; and they guaranteed to the 
people the right to bear arms lawfully. 

If you read the history of the old world you will 
find many instances of soldiers entering the homes of 
the people to search for fire arms or other weapons, 
taking them away, possibly punishing those who had 
them. The people are guarded by our Constitution 
against any such conduct on the part of soldiers or 

97 



98 THE SHORT CONSTITUTION 

representatives of the national government. Of course 
this right, like the right of free speech, may be abused 
and when abused punishment may be imposed. For 
instance, it is dangerous to the good order of a commun- 
ity that persons should carry concealed weapons and 
therefore in every state there is some law concerning 
this. If a man should walk down the street here with 
a loaded revolver in his pocket he could be arrested 
and imprisoned or fined, but in this state a man could 
walk down the street with a shot gun in his hands 
or any other weapon where it is exposed so people 
could see it. A law against carrying concealed weapons 
imposes no burden upon any law-abiding citizen. 
There are regulations of course permitting certain 
persons to carry weapons concealed, police officers, 
a sheriff and other peace officers; and there is a law 
under which any person of good character may make 
application for authority to carry concealed weapons 
which will be granted under certain restrictions. Some 
states require a bond to be filed guaranteeing good 
conduct. Persons who have to carry large sums of 
money, express messengers upon the trains, post office 
employees who carry registered mail, and other per- 
sons may be granted the privilege of carrying con- 
cealed weapons. The laws regarding carrying con- 
cealed weapons differ from state to state, the punish- 
ment in some being a term in the penitentiary. 

But in all this we find only regulation and careful 
provision to help maintain order and peace ; and with 
it all we find the absolute right given by the Consti- 
tution to the people to maintain their state militia ana 
to keep and bear arms within reasonable regulations 
which may be provided by the different states. 

Then we find a strict guarantee of the Constitution 



MILITARY PROVISIONS 99 

against an abuse which was common in the old world. 
You know before America came into being the strength 
of a Government was the power of a Government. The 
people were ruled by force ; they were kept in constant 
fear. When this nation was organized it was the hope 
of the founders that we could have laws so just that 
people would have love for their country and respect 
for its laws, so that we would not have to inspire fear 
in the hearts of the people in order to make them 
obey. Laws should be obeyed not because of fear, but 
because of respect, because of a sense of duty. Laws 
should be obeyed because we know that laws are 
necessary to protect our own liberties. We know that 
without law, liberty is impossible. 

So that when the Constitution was framed, reflecting 
upon the abuses of the old world, the makers of the 
Constitution inserted this guarantee: 

"No Soldier shall, in time of peace, be quartered in 
any house, without the consent of the Owner, nor in 
time of war, but in a manner to be prescribed by 
laic/' 2 

In the olden days the military power was supreme. 
The soldier was part of the military power. The or- 
dinary citizen was compelled to submit to many of the 
wishes of the soldiers in times of peace as well as in 
times of war. In reading the history of the world 
you will find that soldiers exercised the right to enter 
the homes of the people and demand food and shelter. 
Of course the people, being in fear of the military 
power, would not think of refusing anything de- 
manded; but the people of America, under our Con- 
stitution are supreme. The soldier is subject to 
the people, not the people subject to the soldier. While 
we must respect those who are the defenders of our 



100 THE SHOET CONSTITUTION 

country, we must also respect our own rights and 
privileges. And every soldier, general or private, 
must also respect our rights and privileges. No sol- 
dier can enter any home, no matter how humble, with- 
out the consent of the owner, except in times of war. 
Even in times of war he cannot enter except under 
circumstances and conditions prescribed by law. The 
law being made by the people, they will be protected 
against abuse. Of course in times of war every one 
should be glad to give freely of what he has for the 
soldiers of his country, but in times of peace in this 
country the soldier, under our Constitution, under- 
stands that the home is sacred and that he has no right 
there unless the owner invites him to enter. 

I wonder if the people realize what these guarantees 
mean to them. I wonder if they understand how earn- 
estly and how carefully those who framed the Consti- 
tution endeavored to protect the sacred rights of every 
man, woman and child in this country. 

NOTES AND COMMENTS 

1. Constitution of the United States. Amendment II. 

"This right to keep and bear arms, although stated in connection 
with the militia, is held broad enough to cover the keeping and 
carrying of such weapons as are suitable for self-defense, or 
defense of the home. But the keeping of unusual weapons, or the 
carrying of unusual weapons in an unusual manner, as by having 
them concealed on the person, may be prohibited. 

— Bouvier's Law Dictionary. I. 165. 

"This amendment, like the other eight amendments to the 
Federal Constitution, does not apply to the States, and a State 
may legislate as it pleases regarding the carrying and using of 
arms. Many states prevent the carrying of arms of any kind 
except with legal permission given through the proper officer for 
stated specific reasons." 

"The amendment means no more than that this right shall not 
be infringed by Congress. Police protection of the people is left 
to the States." 

2. One of the grievances of the colonists stated in the Dec- 
laration of Independence was the quartering of large bodies of 
armed troops in the colonies, but the guaranty found in the Federal 



MILITARY PKOVISIONS 101 

Constitution and in many State Constitutions is that soldiers 
shall not in times of peace be quartered upon private persons. This 
guaranty has respect to the recognition of the right of every 
man not to be unwarrantably disturbed or intruded upon in his 
home. "Every man's house is his castle." 

ELEMENTARY QUESTIONS 

1 . Why did the Germans refuse to allow the Belgians to keep and 
bear arms? 

2. Why is this right important to us? 

3. Ask some soldier who fought in France to tell you about how 
soldiers were quartered in the villages? Would you like to 
see this in America? Why not? 

4. What rights has a soldier in time of peace to demand admit- 
tance to a house, or to demand food? 

5. In time of war under what conditions may a soldier be 
quartered in any house? 

6. Where is the whole power of government in America? Where 
is it in a kingdom or monarchy? 

7. Do you know the name of your congressman? 

8. When should a person be allowed to carry weapons? 

ADVANCED QUESTIONS 

A. What is the importance of the right of keeping and bearing 
arms? 

B. What is the status of the National Guard in your locality? 
What are its duties? What is its purpose? 

C. What is the fundamental objection to the quartering of 
soldiers on a population in time of peace? 

D. Write a paper on the following: 

The Right to Bear Arms 

The Evils of Quartering of Soldiers 

The Purpose of the National Guard 

How the Soldiers Were Quartered in France 



XI 

SEARCH WARRANT AND INDICTMENT 

PROTECTION OF HOME AGAINST UNLAWFUL SEARCH 
AND SEIZURE— GRAND JURY INDICTMENT REQUIRED 

Following the provision that we last discussed that 
no soldier shall in time of peace be quartered in any 
house without the consent of the owner, nor in time of 
war except in a manner prescribed by law, we find the 
Constitution making a most positive provision guard- 
ing the sacredness of the home, the sacredness of the 
person, and the things belonging to each person. In 
the olden days the people had to submit to the most 
brutal conduct. A man might think some one had stolen 
his ring or his watch. Suspecting a neighbor, and 
being the stronger, or assembling his friends, or some 
officers, he might enter the neighbor's home, search 
all through the house among papers, in the desks and 
in every trunk and other place where personal belong- 
ings were kept, might search the person himself, his 
pockets and clothing. 

Of course you can easily understand that the people 
who were thus abused would resent such actions. In 
England the people in early days had protested and 
had secured some guarantees from the king against 
these outrages, but the first absolute written guaran- 
tee of the full rights of the people was when the 
following was inserted in our Constitution : 

"The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no 

102 



SEARCH WARRANT AND INDICTMENT 103 

Warrants shall issue, but upon probable cause, sup- 
ported by Oath or affirmation, and particularly describ- 
ing the place to be searched, and the persons or things 
to be seized." 

Of course it is apparent that so long as we have 
crimes committed the wrongdoer must be punished 
Wrong doers naturally try to conceal the evidence 
of their crimes, the murderer seeks to hide the revolver. 
The thief seeks to hide the money, the bonds or the 
jewels. So it is necessary, in order to find criminals 
and to recover valuable things they may have taken, 
to have the privilege or searching persons or houses. 
But the thing which the Constitution guarantees is 
that no such search shall be made except upon warrants 
issued by some court, which are commands to a peace 
officer to seize a certain person (arrest him) or to 
search a certain house or other place for things which 
might aid in administering justice. No warrants shall 
be issued by any court until some one has appeared and 
filed a solemn statement under oath showing some 
reasonable grounds for believing that the search or 
seizure will disclose evidence of the offense. The place 
must be described. The things or the persons to be 
seized must be described. A warrant issued by any 
court, no matter how high, without such a sworn show- 
ing being presented, is void and in violation of the 
rights of every person under the Constitution. The 
courts are often called upon to enforce this right of 
the people. The home, especially, under our constitu- 
tion, is recognized as sacred. " Every man's house is 
his castle" and wherever, without the proper war- 
rant, search or seizure is made, the court will prompt- 
ly punish the wrongdoer and if something has been 
seized, taken possession of wrongfully, the court will 



104 THE SHORT CONSTITUTION 

order it returned. Even though valuable as evidence of 
guilt, the court will not permit it to be used, if it has 
been seized in violation of the guarantee of the Con- 
stitution. 

No matter how humble the home, whether it be owned 
or rented, whether it have one room or a dozen, it 
stands exactly the same under this constitutional pro- 
vision, and is guarded against "unreasonable searches 
and seizures.' 9 No matter how poor the owner, he can 
stand at his door and defy all the officers of state or 
government, yes and all the soldiers of the republic, 
defy them to enter until the provisions of the constitu- 
tion of the United States shall have been complied with. 
Now we come to guarantees of the rights of the people 
to protection against any trial, except the same be 
conducted in accordance with the guarantees of the 
constitution. These guarantees are for all persons, 
young or old, rich or poor. You know sometimes the 
innocent are charged with grave crimes. A crime is 
committed in the darkness of the night. The criminal 
has fled. The first duty of the officers of the Govern- 
ment — the servants of the people — is to find the crim- 
inal so that he may be punished for his wrong. This 
is not an easy task, and no matter how careful officers 
may be, mistakes are sometimes made and innocent 
persons arrested and charged with the offense. Bring 
this home to yourself, because every one of these con- 
stitutional guarantees are for you, for each of you, 
for your father, mother, brothers and sisters. Keep 
this in mind. Do not consider them as applying to 
somebody away off, some stranger in whom you have 
no interest. They apply to you. 

Now suppose that tonight a murder should be com- 
mitted, and tomorrow your father should be arrested 



SEARCH WARRANT AND INDICTMENT 105 

and charged with the crime of which he was entirely 
innocent. It will be very important to him that he 
should have a fair chance, a fair trial. His liberty 
would be at stake, and liberty under the Constitution 
is a sacred thing. Thinking of liberty his mind would 
naturally turn to the Constitution, and if he examined 
it, he would find the following guarantee : 

"No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or 
indictment of a Grand Jury, except in cases arising in 
the land or naval forces, or in the Militia, when in ac- 
tual service in time of War or public danger." 2 

Now you do not understand this, do you? And yet 
it is very simple. When a man is arrested, he is 
brought before the court for trial. But how, and before 
whom shall he be tried? 

Remember that in America the enforcement of law 
is in the hands of the people. Remember that this is 
a government by the people and that the chief purpose 
of government is to protect the liberties of the people. 
Here is your father's liberty at stake. If he should 
be convicted of having committed this murder, he 
might be hanged or sent to prison for life, so it is 
very important to him that the investigation into the 
charge against him shall be conducted in the right 
manner. 

Under this constitutional guarantee which is also 
included in your state constitution, there is no court 
and no judge in the United States big enough or pow- 
erful enough to call your father before the court for 
trial until he has been indicted by a grand jury. 
A grand jury, generally composed of twelve or more 
men selected from ordinary citizens, is brought together 
at every term of court. They sit in a room by them- 



106 THE SHOET CONSTITUTION 

selves and hear evidence as to the commission of of- 
fenses. They have no power to find a man guilty or 
not guilty. Their power and their duty is to decide 
whether the evidence brought before them is sufficient 
to justify putting the accused man on trial for the 
offense. They hear the witnesses for the state or gov- 
ernment. The defendant is not brought before them 
personally, nor is he represented in any way. It is 
simply a secret investigation. If these men upon this 
investigation decide the evidence is not sufficient to 
warrant the trial of a man, he is discharged. He can- 
not be put on trial before the court. Before the court 
can proceed the grand jury must first say that the man 
shall be tried. The people thus have in their hands the 
power of protecting the innocent, and the power of 
instituting proceedings against the guilty. The grand 
jury brings in its report by an " indictment ' ' which is 
merely a written statement to the court that the grand 
jury believes the defendant should be put upon trial 
for a certain offense. When this indictment is brought 
in, the defendant is called before the court, the charge 
is read to him and he is then required to say whether 
he is guilty or not guilty. If he says that he is not 
guilty, then preparation must be made for a trial in 
the court, before a petit jury, a trial jury, which we 
will consider later. The thing I want to impress upon 
you now is the care with which the f ramers of the Con- 
stitution guarded the right of your father to have 
an investigation by a body of citizens, before he can 
be brought up for trial for this murder which has 
been committed. He cannot be dragged by officers 
before some court and forced to go hurriedly through 
a form of trial only to be found guilty. The proceed- 
ings must be deliberate and careful. The Constitution 



SEARCH WARRANT AND INDICTMENT 107 

guards him against danger of conviction without sub- 
stantial proof of his guilt. 

There are a few minor offenses, sometimes called 
misdemeanors, and there are violations of city ordi- 
nances, in which an indictment is not necessary, but 
an indictment by a grand jury is necessary when ever 
the crime is infamous or capital; that is, generally 
speaking, when punishment would involve imprison- 
ment in the penitentiary or the taking of life by hang- 
ing or otherwise. You will understand this better as 
we consider the trial before the petit jury. 

You may think it is difficult to learn all about Grand 
Juries, the number of jurors, and the manner in which 
they are sworn to perform their duties. I don't blame 
you. But bear in mind I am not insisting that you 
shall learn all these details. Of course the more know- 
ledge we have about these matters, the better. But 
the important thing is that you shall learn that away 
back more than one hundred and thirty years ago the 
people of America in framing the Constitution of our 
country, by written guarantees, made this a govern- 
ment by the people. Knowing that the most sacred 
thing on this earth is human liberty, they sought to 
guard it by providing every possible safeguard which 
would protect the innocent from unjust conviction. 
They trusted the people. "While courts were provided, 
the power to accuse the humblest human being living 
under the American flag of a grave offense and bring 
him before a court for trial was reserved to the people 
themselves. 

Grand juries are merely representatives or agents 
of the people. As they sit in court they are exercising 
some of the highest and most important duties exer- 
cised by men. Grand jurors and petit jurors hold in 
their hands the liberty of their fellow men. 



108 THE SHORT CONSTITUTION 

It is these great truths I wish to impress upon you. 
I want you to have the knowledge, but more than this, 
I want you to have the spirit, — the spirit of confidence 
in your government, and the spirit of gratitude that 
you live in America where the people rule, where the 
people not only make the law, but enforce it. 

NOTES AND COMMENTS 

1. Constitution of the United States. Amendment IV. 
"One of the most serious grievances of the colonists was, the 

assertion and exercise of a prerogative of the crown to issue 
warrants for searching private premises in order to obtain evidence 
of political offenses. This had been the subject of controversy in 
England and was made the basis of a protest in Massachusetts 
by James Otis against the Writs of Assistance which were in 
effect, general warrants." — Cyclop, of Am. Government. III. 654. 

"The privilege contended for was that the privacy of the dwelling 
house should not be invaded by public officers without the consent 
of the owner save for the purpose of making an arrest, and then 
only by an officer of the law — who carried a warrant giving him 
such authority." — Emlin McClain, in Cyclop, of Am. Gov. III. 654. 

The protection afforded by the Constitutional provision is a- 
gainst attempts made under the disguise of public process to pry 
into private affairs on mere suspicion that a crime has been com- 
mitted or contemplated. 

The principle of this guaranty is being violated if the postal 
authorities open sealed letters in the mail to discover whether 
improper use of the mail is being made. It is also violated by 
compelling the production of private papers of the defendant in 
a criminal prosecution. 

A warrant is not always necessary to arrest an individual. For 
example, a police officer does not need a warrant in order to arrest 
a person who is violating a law in his presence — or a person who 
he has good reason to think has committed a felony. 

Cyclop, of Am. Government. III. 655. 

2. Constitution of the United States. Amendment V. 

"A capital crime is such crime as the law declares punishable by 
death penalty." — Bouviers Law Dictionary. I. 284. 

"An infamous crime is such crime as the law declares punishable 
by imprisonment in a state prison." 

A grand jury, or an indictment, or a presentment jury, or an 
inquest jury, is a jury (differing in numbers in different states) 
for the purpose of investigating alleged crimes. If upon investi- 
gation the jury believes the accused person has either committed 
the act or has had a part in the crime — it will draw up a formal ac- 
cusation in writing. This accusation is called an indictment and 
is presented to the court. In a few states a person may be brought 
to trial for violation of a law of the state upon information filed 
by the prosecuting attorney. 



SEARCH WARRANT AND INDICTMENT 109 

A petit jury, or trial jury, is a jury of twelve men selected by 
the court — according to a law determining the manner — to hear 
the accusation against the person charged along with the evidence 
submitted during the trial in court. After hearing the evidence 
and receiving from the judge instructions concerning the law 
governing the case, the jury will determine whether the accused 
person is guilty or not. The Federal Government, and most of 
the States, require unanimous verdict. If the jury disagree 
they report such to the court (the judge) and they are dismissed 
and the case may be tried again with a different jury. 

"Constitutional guaranties of the right of trial for crime only 
on indictment by a grand jury, imply a common law grand jury 
of whose number at least twelve men concur in finding the indict- 
ment, but by provision in state constitutions a smaller number 
of grand jurors than required by common law and concurrence 
of a smaller number than twelve in the finding of an indictment 
may be authorized." 

"A grand jury affords a safeguard against the unwarranted 
ignominy of being put on public trial for an offense which there 
is no reasonable ground to believe the accused has committed." 

"The grand jury is to investigate the cases of those who have 
been arrested and held under preliminary information on oath 
by private accusers; and it may also investigate cases of supposed 
crime of which it has knowledge or to which its attention may be 
called by the public prosecuting officer. Its proceedings are 
secret and its members are sworn not to subsequently divulge 
them." — Constitutional Law. Emlin McClain. 



ELEMENTARY QUESTIONS 

1. In the olden days how could a strong man abuse one suspected 
of stealing? 

2. What would he be compelled to do to-day? 

3. Why are the guaranties regarding trials important to you? 

4. Who may accuse or charge a person with a crime? 

5. Is a person charged with a crime necessarily guilty? 

6. What is a grand jury? What is its purpose? 

7. How are members of a grand jury servants of the people? 

8. Is a search warrant valid if no sworn statement has been 
filed? 

9. What are the rights of the owner, if a search is made with- 
out proper warrant or papers? 

10. State the guaranty of the Constitution with reference to in- 
dictment by a grand jury. 

11. Is the session of a grand jury secret or public? 

12. Is the defendant present before the grand jury during the 
investigation? 

13. What is meant by "indictment"? 

14. What is done when the grand jury returns an indictment? 

15. W T hat offense may be prosecuted without an indictment? 



110 THE SHORT CONSTITUTION 

ADVANCED QUESTIONS 

A. Discuss the procedure of securing a search warrant? 

B. If we had no guaranty of security of property rights what 
effect would this have with reference to working, earning, and 
saving? 

C. How is the fact that we have a grand jury an evidence of the 
care with which our government guards our rights? 

D. What is a heinous crime? 

E. Write a paper on: 

Early Abuses of Power in Search and Seizure 
Some Interesting Violations of this Right 
The Grand Jury as an Evidence That the People Rule 
An Account of the Work of One Grand Jury 



XII 

RIGHTS OF ACCUSED 

ACQUITTAL BY JURY FINAL— ACCUSED NOT COMPELLED 
TO BE A WITNESS 

Now keeping in mind that this is a personal matter 
with each one of us, that we are talking about our own 
rights, that some day our liberties may be in danger, 
let us take up the next guarantee of the Constitution. 

"Nor shall any person be subject for the same 
offence to be twice put in jeopardy of life or limb." 1 

I am sure you do not know what that means. I am 
sure there is not one of you who ever dreamed that 
such a thing might happen to you as to be " twice put 
in jeopardy of life or limb." This is very important 
and likewise very simple. In the olden days, in the 
old world, many a man was tried for a crime in court 
and found not guilty, and then later was arrested 
and put on trial again and found guilty. Sup- 
pose your father, as I said the other day, should 
be arrested, although he were innocent. Suppose 
he were indicted by this grand jury and brought 
on for trial. He would be compelled to hire a 
lawyer, if he were able to, and get ready for trial. 
The trial would come on, and days or possibly weeks 
might be spent in examining witnesses. Finally the 
case would close and the jury would bring in a verdict 
of not guilty. It would be an expensive proceeding. 
Perhaps it would take all the money he had saved. 
It would not only be expensive but it would be a hard 
strain upon him, your mother, the other children and 

111 



112 THE SHORT CONSTITUTION 

yourself. It is a very serious matter for an innocent 
man to be tried for murder. Still the verdict of not 
guilty comes in and you are all full of joy to realize that 
his life and liberty have been saved. Now suppose it 
were possible that within a couple of weeks afterwards 
he could again be arrested, indicted, put on trial. All 
of the family would again be subjected to worry and 
sorrow. You do not think it would be just, do you? 
It would not be right. Of course it wouldn't be right, 
but men in the olden days have been compelled to sub- 
mit to such injustices. So when the constitution was 
adopted this guarantee which I just read was put 
in there, so that for any offense against the United 
States no man can be twice tried. Once a jury of his 
fellow-men, his neighbors, brings in a verdict of "not 
guilty" that ends forever any prosecution for the 
same offense. He is free and there is no power in the 
United States nor any of its officers to call him again 
for trial for that offense. Most of the States have a 
like constitutional guarantee. 

Then there is another important guarantee: "nor 
shall (he) be compelled in any criminal case to be a 
witness against himself/' 2 

I wonder if you have ever heard of the days when 
men were tortured to make them confess. I wonder 
if you ever heard of the rack where men were stretched, 
almost torn limb from limb, or of the days when men 
were hung up by their thumbs, in order to compel 
them to admit their guilt of some crime. Have you read 
of the burning of the soles of men's feet? Or the ap- 
plication of red hot irons to other parts of the body 
in order to extort a confession? Well those were com- 
mon things in some of the countries in the days before 
America was born. Men would be arrested, charged 



EIGHTS OF ACCUSED 113 

with an offense, and then an effort would be made to 
torture them into confessing to the crime. And often 
where no such brutal torture was employed, men were 
brought into court, put on the stand, threatened, 
examined and cross examined by lawyers to try to 
gain admissions which might help to prove their guilt. 
Of course this was all wrong. It was brutal. It was a 
violation of human right. When the constitution of 
the United States was framed this great abuse of 
human privilege was absolutely barred by the pro- 
vision, that no one can "be compelled in any criminal 
case to be a witness against himself." In this country, 
when a man is brought into court charged with a 
crime, it is the duty of the government or the state, 
as the case may be, to prove his guilt. This proof must 
be by the sworn testimony of witnesses, of certain facts 
or circumstances, aside from any statement or ad- 
mission by the defendant. He cannot be compelled to 
be a witness at all. If he so wishes, however, he may 
be a witness for himself. This privilege was denied 
him under the English practice for generations, and 
even in this country in many of the states until a com- 
paratively recent time ; but never since the constitution 
was adopted, could any person charged with a crime 
against the United States be compelled to testify to 
any fact or circumstance in relation to the crime. Not 
only can he sit in the court room and listen to the 
stories told against him, but he is guaranteed this 
right by protection against any threats or inducements 
outside of court and before the trial which would lead 
him to say anything against his innocence. Every 
judge in criminal courts has been compelled at times 
to refuse to admit in evidence before the jury certain 
statements or alleged confessions. You may see in the 



114 THE SHORT CONSTITUTION 

paper where some man has been arrested for breaking 
into a bank or committing some other offense, and it 
may be further stated that the defendant has confessed 
that he broke into the bank. Naturally you then 
say to yourself that he will be found guilty. Well this 
constitutional guarantee not only protects him in court 
but protects him out of court. He cannot be compelled 
to give statements to answers after his arrest while he 
is in jail, or even if he is at liberty under bond, which 
statements can be used against him upon the trial. Of 
course a person charged with a crime may waive this 
constitutional guarantee. He may voluntarily say that 
he wants to tell his story, and if he does so without 
any inducement, promises or threats it may be ad- 
mitted against him when the trial comes. Otherwise 
not. To be admitted, it must appear to be absolutely 
voluntary and of his own free will. If it appears that 
the confession has been induced by promises of lighter 
sentence or "that it will be easier for him," or if any 
other inducement is used to get him to consent to 
make his statement, such statement cannot be used in 
evidence because of his constitutional guarantee. 
Many times I have seen the court refuse to admit proof 
of an alleged confession of a defendant, and I could see 
that the jury trying the case and the people sitting in 
the courtroom, were surprised that the judge would 
not admit such proof even when the confession was 
signed by the defendant ; but the jury and the people 
did not happen to think of this constitutional provision. 
Perhaps they had never heard of it. Every judge is 
sworn to uphold and defend the constitution. No judge 
can permit any provision of the constitution to be 
violated if he can help it. A man is on trial before him. 
A written confession is offered in evidence to help 



RIGHTS OF ACCUSED 115 

convict him. The defendant's attorneys claim that the 
confession was not voluntary but was induced by 
threats or promises. The court then makes inquiry 
and hears the witnesses upon this question, and if the 
court finds that the confession was not the voluntary 
act of the defendant, the same will be excluded be- 
cause the constitution provides that no man " shall 
be compelled in any criminal case to be a witness a- 
gainst himself.' ' 

Let us turn again to the false accusation against 
your father. He is charged with murder. He is on 
trial before a jury. The attorney for the Government 
pulls a paper out of his pocket and offers it in evi- 
dence. It appears to be signed by your father. Your 
father's attorney objects to having it considered by 
the jury for the reason that the policeman took your 
father into a cell in the jail, and threatened that they 
would beat him with their clubs unless he would sign a 
a paper telling how he committed the offense, and that 
in terror he signed the paper. At this point, the court 
would hear the statements of your father, and other 
evidence, and if it appeared that there were any threats 
of any kind used to get your father to sign the paper, 
it would not be admitted in evidence at all. Your 
father would only claim his constitutional rights as 
an American, and they would not be denied to him. 

There are notable instances in which confessions 
were made and signed by innocent parties, who were 
discouraged because the facts seemed to be all against 
them, who felt that they were certain to be convicted, 
and that their punishment would be lighter if they 
would make a confession. Under this impression they 
made and signed a confession. It was afterward found 
that the confession was false and that they were inno- 



116 THE SHORT CONSTITUTION 

cent of the crime. This constitutional guarantee pro- 
tects against any injustice of this kind. 

These careful efforts of the makers of the consti- 
tution to guard the liberties of the most humble person 
must impress us with the earnestness of their efforts 
to make this a free country, where no one shall be 
deprived of his life or liberty except where proven 
guilty, after a most carefully guarded trial. 

Isn't it fine to live in a country where the people 
have a constitution written in such simple language 
that even the little children can read it ? I want every 
one, even the smallest child, to understand that every 
line of the Constitution was written to guard and pro- 
tect each one of us, young and old, against injustice 
and wrong. These safeguards cannot be taken away 
except by the people themselves. The president cannot 
change the constitution. Congress cannot change it- 
Judges cannot change it. No one but the men and 
women of America can alter it in the least. 

NOTES AND COMMENTS 

1. Constitution of the United States. Amendment V. 

"The rule of procedure generally recognized is that when an 
accused person has been put on trial under a valid indictment in 
a court having jurisdiction of the case, and a jury has been em- 
paneled and sworn to try the case and give a verdict, and a verdict 
of not guilty is given — the accused cannot be again put on trial 
for the same crime, or any included crime for which he might 
have been convicted in that prosecution." 

Cyclop, of Am. Government. II. 251. 

"A verdict of not guilty is conclusive and the defendant must 
be discharged. If however he is convicted, he may in some instances 
appeal the case to a higher court for review and that is not being 
again put in jeopardy." 

Emlin McClain. Cyclop, of Am. Gov. II. 251. 

"Jeopardy is complete when the court proceeds with a jury to 
ascertain the defendant's guilt." 

"As the criminal jurisdiction of the Federal Court extends only 
to offenses against the Federal laws, and no prosecution for such 
offenses can be entertained in the state courts — it follows that there 
can be no questions of former jeopardy as between a federal and 
a state court." — Cyclop, of Am. Gov. II. 251. 



RIGHTS OF ACCUSED 117 

2. Constitution of the United States. Amendment V. 

In our own early colonies persons were frequently tortured to 
compel them to give evidence against themselves or against other 
people, — but at that time the colonies were still under British 
authority. 

An instance was recently reported of a man appearing before 
a sheriff and confessing to the commission of five different murders 
in as many different places in a western state. Upon investigation 
it was found that murders had been committed in these places 
about the time he confessed to having committed the crimes, so he 
was arrested and held by the sheriff. Upon further investigation 
it was discovered that he was mentally unbalanced and having 
read of all these crimes he imagined he had committed them. 
He was released from arrest and was committed to a hospital 
for the insane. In this instance an innocent man might have been 
executed if his own testimony had been sufficient to convict him. 

If a person confesses to having committed a crime and the facts 
as stated are found to be correct, he may then be convicted of the 
crime, but the conviction is made on the basis of the evidence 
disclosed by his confession and not on the confession itself. Having 
made a confession the officers may then from the facts told by the 
accused find other facts sufficient to convict without offering the 
confession in evidence. 

"A confession is not admissible in evidence where it is obtained 
by temporal inducement, by threats, promise or hope of favor 
held out to the party in respect of his escape from the charge 
against him, by a person in authority/' 

Bouvier's Law Dictionary. I. 387. 

"When an inducement destroys a confession it must be held 
out by a person in authority." 

ELEMENTARY QUESTIONS 

1. Show how being put on trial again and again for the same 
offense would be an injustice. 

2. Why is it right to have the verdict of "not guilty" final? 

3. What would be the result if it were not final? 

4. Why is this of particular advantage to the poor man? 

5. Why should no man be compelled to be a witness against 
himself? 

6. Why do they allow a man to be a witness if he so desires? 

7. What is the importance of the guaranty protecting the de- 
fendant from being examined as a witness? 

8. When a person is indicted for an offense, what is the duty of 
the government with reference to proof of guilt? 

9. How is guilt proven in a court? 

10. When may a confession made outside of court be introduced 
as evidence? 

11. Why would anyone accused of a crime confess guilt, when in 
fact he might not be guilty at all? 

12. Can the President or Congress or a judge change any of the 
provisions of the Constitution? 



118 THE SHORT CONSTITUTION 

ADVANCED QUESTIONS 

A. Discuss the democracy of the provision that the verdict of "not 
guilty" is final while that of "guilty" may not of necessity be 
final? 

B. Why are confessions wrung from frightened or tortured men 
likely to be untrustworthy? 

C. Why should the "Third Degree" methods be prohibited? 

D. Write a paper on the following: 

The Third Degree 

Early Cases of Torturing Accused Persons 

The Burdens, Disadvantages, and Injustice of Permitting a 

Retrial After A Verdict of "Not Guilty" 

Methods Sometimes Used to Secure a Confession of Guilt 



XIII 

LIFE, LIBERTY, AND PROPERTY 

RIGHTS PROTECTED BY DUE PROCESS OF LAW— PROP- 
ERTY TAKEN FOR PUBLIC USE 

The three great things which every man, woman and 
child cherishes are life, liberty and property. We see 
in every one of these guarantees how careful the 
people who made the Constitution were to see that 
these valuable things were sacredly guarded. 

It is stated in the Constitution that — 

"No person shall . ... be deprived of life, liberty, 
or property, without due process of law.' n 

You can understand how important this is if you 
will realize how in the olden days people were so bru- 
tally treated by their fellow men, especially by those 
in power who happened to represent the government. 
Have you ever read the story of the Bastile, a prison 
in which hundreds of French people were thrown 
without a trial, in which many were murdered and 
many kept there in dark cells chained to the floor for 
years? Have you ever read the story of the Tower 
in London, where men were murdered and imprisoned 
without a trial by any court and without an investiga- 
tion by any one, often without the knowledge of their 
closest friends? Have you ever read about how the 
property of people was taken away from them without 
trial or investigation to be turned over to the King or 
to some of his friends ? Until you have read something 
of the past, and realize how people suffered, how 
they lost their lives, their liberty and their property, 

119 



120 THE SHORT CONSTITUTION 

you will never realize the wisdom of those who framed 
our Constitution, nor the affection which they had for 
the people of America in protecting them against such 
horrible treatment. 

No person's property can be taken, no person's life 
can be taken, no person's liberty can be taken under 
our Constitution without due process of law. We do 
not need to discuss the meaning of "due process of 
law." You will learn more about this later, as 
you study more fully the details of the Constitution. 
It is sufficient now to say that no person's life, 
liberty, or property can be taken away from him 
without his consent, except by a trial before a le- 
gal court, in which the person shall have the right 
to a fair hearing. He must have notice of the 
charge or claim made against him. He must have a 
chance to appear in person. He must have the right 
to employ attorneys to represent him. He must have 
the privilege of bringing in witnesses to tell the truth 
about the charges that may be made. There must be 
a decision by the Court after a speedy public trial. 
In all the states of this country any one is entitled to 
such a trial, and he is also, in case of defeat, entitled 
to appeal and present his case to a different and a high- 
er court. These courts are the courts of the people, 
selected by the people, and neither government nor 
individuals have any right to take away anyone's life, 
liberty, or property unless the people by and through 
their courts shall so find and do. 

Then we find another constitutional protection — 

"nor shall private property be taken for public use, 
without just compensation." 

Of course the government at times must have prop- 
erty which may belong to a private person. The public 



LIFE, LIBERTY, AND PROPERTY 121 

must at times take property belonging to an individual. 
Property may be taken, even when the owner 
will not consent to it, when it is taken for public use. 
One man 's property cannot be taken by the government 
and given to another person. Government buildings 
must be erected and land must be obtained for such 
purposes. The public must have railroads, and a rail- 
road can only be built when land is obtained for what 
is called the right of way. Sometimes a railroad must 
run through lots or farms belonging to private owners. 
The higher right of the public to these conveniences, 
these necessities, requires that when necessary the 
private individual must give up his right of ownership 
to these higher public uses. But even for the nation, 
or the state, or railway, or for any other public use, 
not one foot of land may be taken from the poorest 
man in the country unless he is first fully paid its value 
therefor. Usually, of course, the owner will sell his 
property for such purpose at a fair price, but, if he 
is stubborn and will not do so, or if a fair price cannot 
be agreed upon then the government of the state or of 
the nation, or the agents of the state or of the nation 
may take such property by first having its value fixed 
by a commission, or a jury, composed of the neighbors 
of the owner. Where the amount fixed by such com- 
mission, or jury, is not satisfactory to the owner of the 
property, he may appeal to the court and have a trial, 
usually a jury trial, in which he can bring his witnesses 
and prove the value of his property, so that he will 
finally receive its full, fair, just value. 

By this constitutional guarantee every person is 
well guarded in his ownership and possession of prop- 
erty. In countries existing before America not much 
attention was paid to the rights of property owners. 



122 THE SHORT CONSTITUTION 

If the king or emperor should demand possession of 
a certain piece of property the owner had little to say 
about it. He received his orders and obeyed them^ 
because he was afraid of the power of the government. 
The government could pay or not as it pleased. But 
this period of wrong and injustice was ended, so far 
as the people of America were concerned, when the 
Constitution became the final power in this land. 

There are a few people in this country who seek to 
have private ownership of property abolished. No 
law taking away the right to own property can ever 
come into force in this country until the people by 
their votes change the constitution. The constitution 
stands guard over the farms, the homes, the money 
and all forms of personal property. It guards the 
cottage of the widow with the same jealous care that 
it does the ten story building of the bank. No person 
and no power can interfere with the right to accumulate 
property and to hold it, provided only it is honestly 
obtained. 

NOTES AND COMMENTS 

1. Constitution of the United States. Amendment V. 

This is a part of the fifth amendment to the Federal Constitution, 
and the fourteenth is an expansion of it, and assumes that the 
man charged with the crime is innocent until proven guilty. The 
old standard set in Europe was that a person charged with crime 
was considered guilty until he was proven innocent. All citizens, 
whether native or foreign born, have the protection of this amend- 
ment. — Bouviers Law Dictionary. I. 622. 

Previous to 1679 in England an accused person could be detained 
in prison for months or even for years and had no recourse to the 
courts, but might be thus detained in prison upon a mere charge 
brought by some one jealous of him and without real reason. In 
that year the people demanded that Parliament should give relief 
against unjust or false imprisonment, and Parliament enacted the 
Habeas Corpus Act. The provisions of this notable act require 
that a person imprisoned may demand a preliminary hearing and 
learn the cause of his being seized and imprisoned. Either he or 
his friends or relatives could go before a judge of a court and 



LIFE, LIBERTY, AND PROPERTY 123 

demand a writ of habeas corpus. Such writ was issued by a judge 
and directed to the jailer or the person detaining the accused and 
he was compelled to bring the accused person before the court and 
show legal reason why that person should be detained. If no such 
cause or reason could be given, the accused person must be set at 
liberty. The guarantee of the right to a writ of Habeas Corpus 
under our Constitution is considered hereafter. See page 162. 

Due process of law may be defined as "according to the law 
of the place in which the trial is held." It means in this instance 
that no person may be deprived of life, liberty or property without 
the right of judicial trial. Due process of law does not necessarily 
mean jury trial. If jury trial is the legally recognized method of 
trying such case; then jury trial is due process , but if trial without 
a jury is legally provided for when permitted to by the constitution, 
in that instance, due process does not require jury trial. For 
cases in which the right of trial by jury is guaranteed see pages 
125, 137 and 180. 

"In a word, "due process of law" to-day signifies "reasonable 
law," in which sense it bestows upon the courts, and especially 
upon the Federal Courts, as final interpreter of the national 
constitution, a practically undefined range of supervision over 
legislation both state and national." 

— Cycl. of American Government. I. — 615. 

"Due process of law, is law in its regular course of administra- 
tion through courts of justice." 

— Stories Commentaries. III. 264, 661. 
—18 Howard 272. 

"Any legal proceeding enforced by public authority, whether 
sanctioned by age or custom, or newly devised in the discretion 
of the legislative power, in furtherance of the general public 
good, which regards and preserves these principles of liberty and 
justice."— 110 U. S. 516. 

"Due process of law in each particular case means, such an 
exercise of the powers of government as the settled maxims of the 
law permit and sanction, and under such safeguards for the pro- 
tection of the individual rights as those maxims prescribe for the 
class of cases to which the one in question belongs." 

Cooley. Const. Limitations. 441. 

"This provision does not imply that all trials in state courts 
affecting the property of persons must be by jury." This depends 
to some extent upon the constitution of the respective states, except 
as limited by the United States Constitution. — 92 U. S. 90. 

2. Constitution of the United States. Amendment V. 

Eminent Domain means the right and authority of the Govern- 
ment to take private property for public purposes upon the pay- 
ment of a just compensation. 

"The superior right existing in a sovereign government by 
which private property may in certain cases be taken or its use 
controlled for the public benefit, without regard to the wishes of 
the owner." — Bouvier. Law Dictionary. I. — 657. 

"Eminent domain is said with more precision to be the right 
of the nation or the state, or of those to whom the power has been 
lawfully delegated, to condemn private property to public use, 
upon paying to the owner a due compensation, to be ascertained 
according to law." — Bouvier. I. — 651. 



124 THE SHORT CONSTITUTION 

Just compensation is generally arrived at by those whose duty it 
is to secure the land for the government, by offering a good fair 
price for the land. If the owner of the land refuses to accept the of- 
fer — then the land may be seized by the proper authority and the 
matter settled according to law. The law generally provides that 
a body of appraisers is appointed who appraise the value of the land 
and this amount is offered to the owner. If he refuses, the matter 
is carried to the court for determination. A jury is summoned to 
assess the value of the land and from this the owner may usually 
appeal, but the government cannot appeal; it must pay the ap- 
praised valuation or allow the owner to keep his property.. It 
must be remembered that private property may only be taken by 
the government for public purposes. 

Some purposes for which the government may take private 
property are: — It may take land for forts and arsenals, or for 
army posts, or for public parks. It may take food supplies for 
use of the army or navy in time of war. It may take over the 
railroads for the benefit of the people of the nation, etc. In all 
cases it must give just compensation. 

ELEMENTARY QUESTIONS 

1. What are the three things that every man, woman, and child 
cherishes? 

2. What does the Constitution say about these three things? 

3. What was the Bastile? The Tower of London? 

4. Show how injustice was worked by confining people without 
due process of law? 

5. What are some of the essentials of "due process of law"? 

6. When can private property be taken by the government? 

7. When the State wishes a piece of land, and the owner will not 
sell for a fair price, how is the matter adjusted? 

9. What right for reconsideration has a person against whom a 
judgment has been rendered in a trial court? 

9. How can the reasonable value of property be established or 
proven? 

10. Suppose the President of the United States wished a certain 
piece of property upon which to build a summer home. Could 
the President secure the land? Give reasons. 

ADVANCED QUESTIONS 

A. What are some of the steps necessary to due process of law? 

B . What would be the effect on people if life, liberty, or property 

could be taken without due process? 

C. Discuss the process of condemning property? 

D. Write a paper on the following: 

Monte Christo 

Evils of the Bastile and the Tower of London 

Why Military Courts Do Not Always Follow This Law 

The Different Purposes For Which Property May Be Taken 

For Public Use 

Why Ownership of Property Should Be Protected 



XIV 

CRIMINAL TRIALS 

ACCUSED GUARANTEED A SPEEDY PUBLIC TRIAL BY 
AN IMPARTIAL JURY OF THE LOCAL DISTRICT 

I hope no one here this morning will ever be ar- 
rested for a crime of any kind, and yet, as I have 
already explained to you, the innocent are sometimes 
brought before the court charged with a grave offense. 
Therefore, you should be interested in the investiga- 
tion of the truth of any charge that may be made a- 
gainst you, whether by a private individual or by a 
public officer. 

I have already explained to you that in all grave 
offenses when a person is charged with a crime, he 
cannot be brought before the court for trial until the 
Grand Jury has investigated the facts and until they 
have returned an indictment, or written charge, to 
the court. Until this is done, the court has no power to 
proceed. 

But, now, suppose that you have been arrested, sup- 
pose that a Grand Jury has investigated the charge a- 
gainst you, has heard witnesses, and has returned an 
indictment. You are then brought up before the court, 
and the indictment is read to you. This indictment I 
will explain to you more fully later. When the indict- 
ment is read you are then required to say whether you 
are "guilty" or "not guilty." If you have committed 
the crime charged, it may be advisable to plead guilty 
and ask for the mercy of the court in the punishment 
which he may impose. Courts usually temper justice 

125 



126 THE SHORT CONSTITUTION 

with mercy. Courts will usually impose a lighter 
sentence when a guilty person pleads guilty and avoids 
the delay and expense of a trial. But, if you are in- 
nocent, you will plead "not guilty," and then the 
government or the state, through its officers, will get 
ready for trial. You may not be tried right away, as 
it usually takes some time to investigate the facts and 
get the witnesses into court. As I will hereafter ex- 
plain, you will be entitled to an attorney when the 
time comes for your trial, when you will have a chance 
to hear the witnesses offered by the prosecution, intro- 
duce your own witnesses, and, under our present law, 
testify yourself, tell your own story. 

If you will walk into a court some day you 
will see the judge and over at one side twelve 
chairs for the jury. When your case is called 
for trial the first thing will be to select the twelve 
men who will be the jury in your case. I am not 
going to give the manner of selection at this time. 
This will be fully explained later. I wish now 
to impress upon you the fact that the Constitution 
expressly guards your rights by providing that you 
shall be entitled to have your case tried, not before a 
judge, but by a jury composed of men from the or- 
dinary walks of life, laborers, merchants, farmers, 
people of all classes; men just like your fathers are. 
They are called. They hold up their right hands and 
take an oath to try your case fairly and justly and to 
make a finding according to the evidence which is 
brought before them. 

The Constitution provides — 

"In all criminal prosecutions, the accused shall en- 
joy the right to a speedy and public trial, by an im- 
partial jury of the State and the district wherein the 



CRIMINAL TRIALS 127 

crime shall have been committed, which district shall 
have been previously ascertained by law." 1 

This is an absolute guarantee, — a right which is 
given to you, given to each of you, to every man, woman 
and child, young or old, regardless of color or creed. A 
trial without a jury would be a violation of your con- 
stitutional rights. Of course, there are a few minor 
offenses, misdemeanors and violations of city ordi- 
nances, which are sometimes tried without a jury, but 
in all infamous crimes, for which life may be taken as 
punishment, or for which a person may be sent to the 
penitentiary, every one is entitled to a trial before 
a jury. 

Is not this a sacred right? Don't you think that it 
is wise to permit people to have their rights and 
wrongs determined by a body of plain, honest men? It 
removes any suggestion of the abuse of power by a 
person in a public position. It inspires confidence in 
those who are brought before the court for trial. If 
we cannot obtain justice before such a body of men, 
how can justice be obtained in this world? 

I have already told you that in this country tne peo- 
ple are not only the makers of the law but the enforcers 
of the law. It is in these jury trials where the people 
enforce the law. 

Of course, the hearing before the jury is held in 
court. The judge presides. He directs the proceed- 
ings of the trial, sees that it is conducted in an orderly 
way, endeavors to prevent any falsehoods from getting 
before the jury, keeps away from the jury any hearsay 
or gossip, or expressions of prejudice, or other matters 
not founded on absolute knowledge and truth. But, 
the jurors are the sole judges of what the truth is, and, 
when the case is closed, when the evidence has all been 



128 THE SHORT CONSTITUTION 

introduced and the attorneys have made their argu- 
ments and pleas, the members of the jury retire to a 
private room by themselves. There they discuss the 
evidence, come to some conclusion, make a finding of 
" guilty' ' or "not guilty,' ' and bring in their finding 
in the form of a verdict. 

Have you also observed that the constitutional pro- 
tection of your liberty not only provides for a jury 
trial, but also provides that it shall be a " speedy' ' 
trial. That is, one charged with a crime cannot without 
his consent, be locked up for weeks and months and 
years, as has often occurred in other parts of the world. 
He is entitled to be tried just as soon as the case can be 
prepared for trial, in justice to both sides. Cases are 
often postponed for many months. But only by con- 
sent of the accused. A case not tried at the second 
term of court will usually be dismissed except when 
the defendant consents to the delay. 

The Constitution also provides that it must be a 
public trial. Oh ! how many men in the long ago have 
been tried and condemned in private, where only a 
few enemies were present, where one's friends and 
neighbors could not hear the charges or the evidence. 
In this country the doors of the courtroom must be 
open. Ally one has a right to enter and listen to the 
proceedings. The public has a right to know what is 
being charged against the humblest citizen, and what 
the proceedings against him are. Thus is justice 
guarded. 

Then the Constitution provides that the trial 
shall be before "an impartial jury of the State and dis- 
trict wherein the crime shall have been committed" 
This is important. We can't be sent away off among 
strangers to be tried. That is what they used to do 



CRIMINAL TRIALS 129 

long ago. That is one of the things which our fore- 
fathers complained of most bitterly. In the Declara- 
tion of Independence the colonies declared: 

"He (the King of Great Britain) has combined with 
others to subject us to a jurisdiction foreign to our con- 
stitution, and unacknowledged by our laws ; giving his 
Assent to their acts of pretended legislation .... for 
depriving us in many cases, of the benefits of Trial by 
Jury .... for transporting us beyond Seas to be tried 
for pretended offences. ' ' 

When the Constitution was adopted the people made 
up their minds that nothing of that kind should ever 
occur again in free America. They were so careful, 
that they went so far as to provide that the district 
where a trial shall be held "shall have been previous- 
ly ascertained by law." That is to say, that the place 
of trial, the county or district where it shall be held, 
must be fixed by law before the crime is committed. 
The courts or the legislature of any state can not, after 
a crime is committed, pass a law providing that such 
a crime shall be tried in a district then to be named. 
The law must fix this in advance of the commission of 
any offense. For instance, without such a constitu- 
tional provision, a person who committed a crime in the 
State of New York might be taken to California to be 
tried. This would not be American justice. The ac- 
cused would have the right to point to the Constitution 
of his country and demand that he should be tried in 
Xew York, and any court who would not grant this 
right would not only violate the oath which every 
judge takes before he undertakes to perform the duties 
of such office, but his unlawful conduct would perhaps 
result in his impeachment. The proceedings would be 
reversed by a higher court, and the party would be 



130 THE SHORT CONSTITUTION 

granted a new trial at a place and in accordance with 
his constitutional privileges. 

Isn't it wonderful how the little details which may 
affect one 's liberty were so carefully considered away 
back there when they were planning the nation and es- 
tablishing the rules which would guard the rights of 
the people? 

NOTES AND COMMENTS 

1. Constitution of the United States. Amendment VI. 

"A speedy trial is, it appears, one that is brought on without 
unreasonable delay for preparation; and a public trial is not 
necessarily one to which every one may obtain admission but one 
sufficiently free and open to allow the friends of the accused and 
others to watch the proceedings." — Emlin McClain, in Cycl. Am. 
Gov't. 

"Criminal prosecution is the means adopted to bring a supposed 
offender to justice and punishment by due course of law." 

"The speedy trial to which a person charged with crime is 
entitled under the constitution is a trial at such a time, after the 
finding of the indictment, as shall afford the prosecution a reason- 
able opportunity, by the fair and honest exercise of reasonable 
diligence, to prepare for trial, and if the trial is delayed or post- 
poned beyond such period, when there is a term of court at which 
the trial might be had, by reason of neglect of the prosecution in 
preparing for trial, such delay is a denial to the defendant of the 
right of a speedy trial, and in such case a person confined, upon 
application by habeas corpus, is entitled to a discharge from cus- 
tody." — Bouvier's Law Dictionary. IX.-1023. 

Every jury is sworn to decide according to the evidence pre- 
sented, guided by instructions in the law given by the judge. Juries 
are therefore held to be impartial. 

The entire United States is divided into judicial districts, of 
which there are about ninety-two. These districts are found within 
the states as judicial districts do not cut state boundaries. Where 
the population is more sparse a Federal District comprises an en- 
tire state. Where the population is more dense a state may con- 
tain two or more districts. There are four United States District 
Court districts in the state of New York, two in Iowa, and only one 
in Nevada, and some other western states. 

Congress may by legislative act lay out Federal court districts. 
These districts were first established in the Federal Judiciary Act 
of 1789. As the population increases Congress may increase the 
number of districts. 

ELEMENTARY QUESTIONS 

1. Why should all of us be interested in a trial? 

2. Describe a court room scene. 

3. Why is trial by jury a sacred right? What would it be like 
if we did not have this right? 



CRIMINAL TRIALS 131 

4. How are jurors selected in your State? 

5. Why is the trial to be held in the vicinity where the crime 
was committed? What would be the dangers of taking it far 
away? 

6. Why should the jury be impartial? 

7. If the accused person is guilty, why is it advisable to plead 
guilty? 

8. Why is it impracticable to hold a trial immediately after the 
arrest of the accused person? 

9. What is the first step in the actual trial? 

10. After a jury is selected, what is required of them before the 
trial commences? 

11. Why is a speedy trial essential to justice? 

12. Why is it important that the trial should be public? 

13. State some offenses that are sometimes tried without a jury? 

ADVANCED QUESTIONS 

A. Can the judge declare an accused man guilty? 

B. How is jury trial an evidence of the rule of the people? 

C. Show how this benefits the poor man and the rich man equally? 

D. Why are some trials delayed for many months? 

E. What is the importance of the clause "shall have been previ- 
ously ascertained by law"? 

F. Discuss the relative role of jury and judge in a trial. 

G. Write a paper on the following: 

The Method of Selecting Jurors in Your State 

Delay in Trial 

The Injustice of Remote Trials 

Trial by Jury vs. Trial by a Judge 

The Procedure of a Trial From Beginning to End 



XV 

THE INDICTMENT 

DEFENDANT MUST BE INFORMED CONCERNING THE 
ACCUSATION AGAINST HIM 

Now, my friends, let us again, in order to understand 
more fully the value of our constitutional rights, imag- 
ine ourselves in a place of danger, danger of our liberty 
or of our life, and let us recall how carefully we have 
been guarded. To the poorest tramp, or the richest 
millionaire, the same rules apply. Innocent persons 
may be accused of crimes ; they may be arrested, but 
they cannot be brought in to court and put upon trial 
until they are fully advised of the charge against them. 

The Constitution provides : 

"In all criminal prosecutions, the accused shall 
. ... be informed of the nature and cause of the 
accusation." 1 

This is the first step in bringing a person to trial. 
He does not go blindly. He must be informed 
"of the nature and cause' ' of the "charge 
against him. ' ' He must be given full knowledge of the 
crime which it is claimed he committed. How is this 
done? Well, we have to consider the constitutional 
provision that one cannot be put upon trial for an in- 
famous crime "unless on a presentment or indict- 
ment of a Grand Jury." What this constitutional 
provision means is, that a grand jury shall hear 
and consider the evidence and, if satisfied that a 
person should be tried, they shall draw up a writing 
called an " indictment, " which they shall return public- 

132 



THE INDICTMENT 133 

ly in court. This indictment is a brief statement by 
which the grand jury makes a charge against the per- 
son named, of having committed a certain offense, and 
the indictment must state not only the name of the 
offense, but the manner, briefly stated, in which the 
grand jury claims the offense was committed. 

So that under this constitutional guarantee, the per- 
son accused knows what he is to be tried for. This 
enables him to prepare for his defense. When his at- 
torney is consulted he examines a copy of the indict- 
ment. He sees the thing charged. He then talks over 
with the accused the facts and circumstances with rela- 
tion to the thing charged. He then makes proper in- 
quiry. If possible he secures witnesses with relation 
to the charge and thus is enabled to come into court 
ready to hear the evidence offered by the prosecution 
and ready to introduce witnesses to contradict or ex- 
plain the testimony introduced by the prosecution. 

So you see how valuable this right is. One may pro- 
ceed intelligently, with full light upon the alleged trans- 
action. One is not required to stumble in the darkness, 
perhaps to tumble into a pitfall. Without such a pro- 
vision, you can see how helpless an innocent person 
might be if brought suddenly before the court for trial 
for an offense which he never committed. If he 
were not first advised of the nature of the charge and 
the circumstances, he might be helpless. You know evi- 
dence is brought before the court by witnesses who are 
called by the attorneys for the prosecution and for the 
accused. These witnesses take oath to tell the truth. 
But, unfortunately, witnesses do not always tell the 
truth. They sometimes commit perjury. One must 
be ready to meet false testimony. By the constitutional 
guarantee requiring that the accusation be in writing, 



134 THE SHORT CONSTITUTION 

stating the crime and its nature, one can be prepared. 
In many of the states still greater precaution is taken 
to guard against any possible wrong, by requiring not 
only an indictment, but also requiring that there shall 
be furnished to the person accused the names of wit- 
nesses and a brief statement of the evidence which 
the prosecution expects to offer, this to be furnished be- 
fore the trial commences so that the defendant may get 
ready to meet it. 

Did you ever go into a court when a man was upon 
trial for a grave offense ? You should do so. Everyone 
should do so. But you should go there with the proper 
spirit, not for amusement, not to criticize, but with a 
full realization of the great human drama there being 
enacted. There at or near the trial table you will see 
the defendant, the man who is being tried. He may 
be a stranger. He may be poor. He may possibly be 
wicked, but he is a human being ; and no matter what 
faults he may have he is an American citizen, and un- 
der the Constitution of our country he cannot be con- 
victed until proven guilty of the particular crime 
charged in the indictment. He sits there while wit- 
nesses are telling their stories. You will see him watch- 
ing the jury. Occasionally he looks at the judge. But 
he knows that no matter what the judge may think, he 
cannot find him guilty. The jury, and the jury alone 
can convict. 

It is a solemn proceeding, though the lawyers may at 
times appear to use trifling words in their discussions. 
The prisoner looks through the court room window. 
Outside the sun is shining, the birds are singing and 
the breezes sway the branches of the green trees. 
Everything seems to suggest liberty and freedom. At 
no time is liberty so sweet as when it is in danger. The 



THE INDICTMENT 135 

prisoner realizes that in a few days the trial will be 
ended and the verdict of the jury will determine wheth- 
er he shall go out of the court room to freedom or to 
prison. 

To-day it is the stranger who is on trial. To-morrow 
it may be someone who is near and dear to you. If such 
misfortune should come, then you will fully realize 
what a wonderful blessing it is that under our Consti- 
tution everyone is assured of a fair trial, that a person 
can only be tried for the specific offense stated in the 
indictment and that a verdict of guilty can only be ren- 
dered when the evidence is strong enough to convince 
the jury of guilt beyond a reasonable doubt. 

NOTES AND COMMENTS 

1. Constitution of the United States. Amendment VI. 

If one is not shortly after his arrest, given a preliminary hear- 
ing, the right to a writ of habeas corpus (defined in another chap- 
ter), gives the accused an opportunity to know the exact nature of 
the charge against him and why he is held or detained in prison. 
Then he is faced by his accusers in court and hears the charge 
against him. In all criminal cases the accused is privileged to be 
present throughout the entire trial, in fact he is required to be 
present during the trial. 

In early England, and in many other European countries in early 
times, the accused person was not even permitted to know the 
reason for his imprisonment, and furthermore was tried in court 
and found guilty without hearing the evidence or knowing who tes- 
tified in court. 

The right of trial upon indictment of a grand jury, and the 
privilege of confronting one's accusers in court, and of having 
witness in one's behalf, and of having an attorney to defend one 
accused, is not yet allowed in certain parts of Russia and perhaps 
other countries in Europe and Asia. These privileges have been 
the recognized right of all people in the United States since our 
glorious Constitution was adopted and became the fundamental 
law of our country in 1789. 

Teachers of civics in our schools ought to ask permission of the 
judge to take their classes to visit a session of the court. The 
judge is able to inform the teacher as to when certain cases of most 
value to pupils and other persons are to be tried. The trial of 
certain kinds of cases bring out many fundamental facts of rights 
and duties of citizenship that boys and girls, as well as many 
adult persons, ought to know. 

"The accused is of all men the most miserable, unless the law 



136 THE SHORT CONSTITUTION 

gives him an equal chance to defend himself. Time was when the 
courts could hear privately the witnesses against the prisoner, and 
then call him into court to answer charges, which he never had 
heard of, made upon the testimony of witnesses he never had 
seen, without any legal means of compelling his own witneses to 
come to court to testify for him, and without any lawyer to speak 
for him against the trained counsel for the government. Many 
of these abuses had been weeded out before the Constitution was 
adopted." — American Plan of Government. Bacon, p. 272. 

"Almost all the reform needed to make criminal procedure hu- 
mane and just, has been incorporated into the constitutions 
and laws of the states during the first era of independence; 
but the people of the United States had no such safeguards." — 
American Plan of Government. Bacon, p. 273. 

"The charge to be answered by the defendant on trial in a crim- 
inal court must be clear, explicit, and definite. The prosecution 
has no right to compel the accused to show that he is a good 
member of society." — 7 Peters Rep. 138. 

ELEMENTARY QUESTIONS 

1. Restate the guaranties that every man has before being 
brought to trial? 

2. Why should the accused be informed of the nature of the 
accusation? 

3. What would be the result if he were not so informed? 

4. Why is it necessary that this accusation be put in writing? 

5. Why is this important to everybody? 

ADVANCED QUESTIONS 

A. Illustrate the dangers of secret charges? 

B. What chance has a person with malicious and secret gossip? 

C. Upon a trial can evidence of hearsay or gossip be offered to 
prove guilt? 

D. When a person makes a charge against a person and says, 
"Don't tell anyone that I said this" what is the effect? 

E . Tell some of the dangers and injustices of slander. 

F. What is the first step in bringing an accused person to trial? 

G. Is it sufficient to charge the defendant with having committed 
murder without any further explanation? Give reasons. 

H. What is required of a witness before he is examined? 

I. What is perjury? 

J. Why is a trial a solemn proceeding? 

K. How strong must the evidence be in order that a person may 

be found guilty? 
L. Write a paper on the following: 

The Need of a Public and Written Charge 

The Danger of the Secret Slander 

How An Accused Person Prepares For His Trial 

A Visit to a Court in Session 



XVI 

GUARDING EIGHTS IN COURT 

CONFRONTED BY WITNESSES— COMPULSORY PROCESS- 
AID OF COUNSEL— JURY IN CIVIL TRIAL 

I am sure that no one until he has studied the Con- 
stitution, no one certainly who is not a trained lawyer, 
will realize the many safeguards necessary to protect 
persons who may be wrongfully accused of a crime; 
but the f ramers of the Constitution knew the dangers 
from the sad experiences of innocent men and women 
who had been sacrificed by tyrants who had but little 
regard for human life or for human liberty. 

Of course now you understand, that in case an in- 
dictment is returned by the Grand Jury, the person 
comes in, or is brought in, and enters his plea of guilty 
or of not guilty. If he pleads not guilty a jury is 
brought together, " empanelled, ' ' as it is called, and 
they are sworn to hear the evidence, and decide the 
case acording to the evidence. 

But in these grave criminal trials, in order that the 
truth may prevail, every accused person is given the 
right to be confronted by the witnesses against him, 
The constitution provides, — 

4 ;i In all criminal prosecutions, the accused shall .... 
he confronted with the ivitnesses against him." 1 

What does this mean? It means that the government, 
the prosecution, cannot prove guilt by witnesses who 
are not present in court where the defendant can see 
them, where they may be cross examined by counsel, 
where the jury may observe them, and study their con- 

137 



138 THE SHOET CONSTITUTION 

duct and demeanor, because this often helps in determ- 
ining whether a person is telling the truth or a false- 
hood. 

In ordinary trials where property alone is involved, 
a witness may live in another state, or at some great 
distance from the place of trial. Witnesses cannot be 
brought a long distance in those cases. In some states 
they cannot be compelled to attend a distance of more 
than seventy miles. In other states, not more than one 
hundred miles; so that to get their testimony, the 
parties take their depositions. This means, that in- 
stead of bringing the witness into court, the parties 
obtain an order by which they can go to the place where 
the witness is. There he is sworn before a Commis- 
sioner, or a Notary Public, examined, and his testimony 
is taken in writing. The testimony is returned to the 
court where the trial is to be held, and is then read to 
the court or the jury upon the trial. 

But in the trial of a person accused of a crime, depo- 
sitions cannot be used against him. Statements of wit- 
nesses in writing, or in any other form, cannot be used 
by the prosecution. The witnesses must be physically 
in court before the accused, and there orally testify, 
and the defendant must have the right to cross exam- 
ine them. 

To give the accused person every possible aid in 
enabling him to have the truth brought before the court 
and jury, he may take the depositions of witnesses in 
his own behalf. That is, the prosecution — the state 
or the nation, accusing a man of a crime, must prove 
the truth of the accusation by witnesses personally in 
court confronting the defendant, but the defendant is 
given the privilege of taking the testimony of witnesses 
at a distance, in the form of depositions which are 
read to the jury. 



GUARDING RIGHTS IN COURT 139 

This provision of the Constitution may be very im- 
portant to an innocent person sometimes. The import- 
ance of it may never appear to us until unfortunately 
we be wrongfully accused of a crime, and our life or 
liberty in danger. 

Then the Constitution further provides, — 

"In all criminal prosecutions, the accused shall enjoy 
the right . ... to have compulsory process for obtain- 
ing witnesses in his favor/' 2 

This is also very important. l ' Compulsory process ' ' 
means an order of the court, commonly called " sub- 
poena,'' which is served upon witnesses by the mar- 
shal, or the sheriff or other authorized person, com- 
manding them to appear in court for examination be- 
fore the court and jury, as to the truth of matters in- 
volved in the accusation against a person on trial. 

Here I wish you to recall the unfortunate fact that 
every little while somebody is complaining about our 
government as " a rich man 's government. " It is often 
claimed that the poor have no chance for justice. The 
truth is, that the rich and poor stand equal in the 
courts. In creating the Constitution, it was known of 
course that some one might be brought before the court 
who was poor, without money, possibly without friends. 
He might be innocent, but in order that his innocence 
might be established, it would be necessary for him 
to have witnesses who might live many miles away, 
who would not come into court to testify of their own 
free will. Therefore, there was inserted in the Consti- 
tution this provision, that every defendant shall have 
the right to compulsory process, commanding witnesses 
to appear, and there is no one so poor that he cannot 
have this privilege, because the United States (and in 
most of the states we have a like provision) not only 



140 THE SHORT CONSTITUTION 

issues subpoenas and compels the officers to serve them, 
but it pays the expense of serving, and pays the witness 
fees and mileage, so that the poor man has all of the 
rights in getting the truth before the court and jury, 
that the richest may have. 

Furthermore, in the same American spirit, when per- 
sons accused of an offense are too poor to employ coun- 
sel, the government will furnish counsel. The Con- 
stitution provides — 

"In all criminal prosecutions, the accused shall .... 
have the Assistance of Counsel for his defence/ 9 

There is no person so poor, or obscure, or friendless, 
that when he is charged with a crime which might af- 
fect his liberty or his life, he shall not have the right to 
a full, fair trial. Not only are his witnesses produced 
and paid by the government, but an attorney is ap- 
pointed by the government to represent him, and help 
him establish his innocence. 

This is a wonderful illustration of the paternal care 
wfcich is manifested for those who may be unfortunate, 
and this is all because under our Constitution, liberty 
is a sacred thing, and it shall not be taken away ex- 
cept in punishment for a crime which has been proven 
in open court in a public trial before a jury, where the 
party has been confronted with the witnesses against 
him, where he has had a chance to furnish witnesses in 
his behalf, and the aid of counsel in his trial. 

Then the people who brought the constitution into 
being, feeling that so far as practical, they should have 
control of the enforcement of law not only in criminal 
cases, but in civil cases, included a guarantee in the 
Constitution that 

"In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved."* 



GUARDING RIGHTS IN COURT 141 

Of course there is often more or less controversy 
about property of small value, where the expense and 
delay of jury trials might possibly be oppressive, but 
in any case involving more than twenty dollars in value, 
triable under the common law, which includes prac- 
tically all cases except those peculiar cases triable in 
Chancery, or in Courts of Equity, the parties are en- 
titled to a trial by jury. That is, instead of introducing 
their evidence and having the judge decide what the 
the truth is between them, the parties are entitled to 
have a jury of men from the ordinary occupations of 
life, hear the evidence, and say from the evidence what 
is the truth. 

And furthermore, the people provided in the Consti- 
tution, that, 

"No fact tried by a jury shall be otherwise re-ex- 
amined in any Court of the United States, than accord- 
ing to the rules of the common law." 5 

Here again is the right to a jury trial, and the bene- 
fit of a jury trial, and to a trial according to the estab- 
lished rules and precedents of the common law courts, 
carefully preserved. 

Now my friends, I know that there is much confusion 
in your minds about trials in court. I do not expect you 
to know all about trials. We are studying the guaran- 
tees of the constitution so that we shall learn human 
rights, — our rights, — under the constitution. I am 
talking to you about the safeguards of the constitution 
so you shall know your rights, especially so that 
you will always venerate the constitution which guards 
your rights, and defend it against those who may assail 
it. But I do want you to have a clear idea of what a 
trial in court is. I want you to know the purpose of 
the long days of examination of witnesses, the objec- 



142 THE SHORT CONSTITUTION 

tions of the attorneys to certain questions asked, the 
rulings of the court, and the arguments of counsel. 

The main purpose, aim and object of every lawsuit, 
as trials are usually termed by people who are not law- 
yers, is to find the truth. The proceedings in court in 
every lawsuit are a continuous search for the truth. 
If, in disputes, we could agree to what the truth is, 
there would be few lawsuits to try. 

A lawsuit only arises where there is a dispute to set- 
tle. If people agreed about their rights there would 
be little need of courts. In criminal cases, the govern- 
ment (or the state) through the grand jury charges by 
indictment that a man committed a certain crime. The 
government says the man did it. He denies it by a 
plea of not guilty. He says he did not. The trial be- 
fore the petit jury is merely a search for the truth 
about the charge. What is the truth about the matter 
in dispute, that is all that is involved in an ordinary 
lawsuit. 

Picture two boys in a dispute about which owns a 
ball. One positively asserts that it is his, that his 
father bought it and gave it to him. The other is just 
as sure that it is his. He says that his brother gave it to 
him. They quarrel so excitedly that a neighbor coming 
across the street asks the cause of the trouble. They 
tell him their claims and ask him to decide. One boy 
points out a rough spot on the ball which he insists was 
caused by a blow from his bat while he was playing in 
his own yard. The other says that his brother gave 
him a ball with red and white stitches. The neighbor, 
after hearing these and many other claims, decides 
the case, giving the ball to the boy whom he finds to be 
the owner. 

In this we have every element of a lawsuit. The dis- 



GUARDING RIGHTS IN COURT 143 

pute, the court (the neighbor) the witnesses (the boys) 
and the judgment based upon what the neighbor finds 
to be the truth from the evidence before him. That is 
all that any court or jury can do, but under the consti- 
tution, in cases involving life or liberty every possible 
safeguard is provided so that the truth may be found, 
— so that justice may be done. 

NOTES AND COMMENTS 

1. Constitution of the United States. Amendment VI. 

"In judicial procedure a witness is one who is duly called upon 
to testify under oath as to matters within his knowledge. By 
rules of procedure some persons are disqualified from testifying on 
account of want of mental capacity as, for instance, idiots, insane 
persons, and infants who have not attained the age of discretion. 
Others who are qualified to testify may be of such character that 
their testimony is not entitled to the weight which should be given 
to some other witness. Furthermore, a witness may be so related 
to the subject matter or to the parties as that in the particular 
case his testimony should not be received, or should be received 
under limitations as to its credibility and weight. And finally the 
competency of testimony offered is regulated by rules of evidence 
fixed by law." 

"Under constitutional guaranties of religious freedom, the re- 
ligious belief of a witness cannot be made a ground for his dis- 
qualification to testify." 

"As to criminal prosecution, it is usually provided in state con- 
stitutions as it is in the Fifth and Sixth Amendments to the Fed- 
eral Constitution that the accused shall not be compelled to be a 
witness against himself and that he has a right to be confronted 
with the witnesses against him and to have compulsory process 
for obtaining witnesses in his favor. These are privileges which 
the accused may waive." — Emlin McClain in Cyclop, of Am. Gov- 
ernment. III. 693. 

2. "Compulsory process is the means of compelling a witness 
to appear before the court at the time of trial and, under oath, tell 
what he knows about the matter under consideration." — Bouvier's 
Law Dictionary. II. 766. 

A subpoena is an order issued in a court and given to a sheriff 
or other executive officer, to be served upon or read to a witness, 
compelling him to appear before the court at the time stated. He 
must lay aside all pretenses and excuses, and appear before the 
court or the magistrate at the time and place named in the sub- 
poena, under a penalty therein cited for failure to appear. His 
failure to obey the order of the court, or subpoena, is known as 
contempt. Contempt is punishable in Federal courts, and most 
states by the order of the judge and is not subject to jury trial. 
(Oklahoma is an exception.) 



144 THE SHOET CONSTITUTION 

3. "At common law a prisoner was not allowed counsel. In 
England this right was not granted in all cases before 1836." — 
Cyclop. Am. Government. I. 487. 

The United States was the earlest of nations to not only permit 
every person accused of crime and tried before a court to have 
counsel, but to furnish counsel for every person who was not him- 
self able to get counsel or able to pay for counsel. 

4. Constitution of the United States. Amendment. VII. 
"Common Law is that system of law or form of the science of 

jurisprudence which has prevailed in England and in the United 
States, in contradistinction from other great systems, such as Ro- 
man or civil law." — Bouvier's Law Diet. I. 370. 

"Common law is used to distinguish the body of rules and of 
remedies administered by courts of law, technically so called, in 
contradistinction to those of equity administered by courts of chan- 
cery, and to the canon law, administered by ecclesiastical courts." — 
Ibid. 

5. Constitution of the United States. Amendment VII. 

"A jury is a body of men sworn to declare the facts of a case 
as they are proven from the evidence placed before them." — 
Bouvier. 

The definition of a jury explains why the facts of a case are not 
open for reexamination after being declared by a jury. It is be- 
cause a jury meets in a court in the place where the offense has 
been committed, and is therefore better able to know the whole 
truth, and to determine what the facts really are than would be 
possible for any other body of men who did not have such means 
of knowing. A higher court in reviewing a case on an appeal 
cannot usually go behind the facts as declared by a jury. 

ELEMENTARY QUESTIONS 

1 . Why should all witnesses for the prosecution speak in the 
actual presence of the accused? 

2. Why should the accused be allowed to have testimony in his 
favor submitted in writing? 

3. In what cases is written testimony ordinarily admitted? 

4. What is compulsory process? 

5. In what ways does the Constitution aid the poor man? 

6. In what cases may there be a trial without a jury? 

7. What is the main purpose of any lawsuit? 

8. What is meant by cross-examination of a witness? 

ADVANCED QUESTIONS 

A. In what way do these provisions sustain the fact that our 
government is a democracy? 

B. Is a person more likely to commit perjury when not actually 
facing the person accused? Give reasons. 

C. What is the provision of the Constitution as to "compulsory 
process"? Explain the importance of this right. 



GUAEDING EIGHTS IN COUET 145 

D. Explain the provision of the Constitution as to the right to 
have counsel. 

E. Show how compulsory process and free counsel help the poor 
man. 

F. Why is jury trial omitted in small controversies? 

G. What is a "civil" case? 

H. Write a paper on the following: 
How Perjury is Detected 
Oral and Written Testimony 
How the Poor Man is Protected 
The Purpose of a Trial in Court 

The Story of a Tramp Without Money, Accused of an Of- 
fense: How the Constitution Helps Him 



XVII 

PUNISHMENT 

PROHIBITION OF EXCESSIVE BAIL OR FINES, CRUEL OR 

UNUSUAL PUNISHMENTS, AND INVOLUNTARY 

SERVITUDE 

Before we finish, I want you to have in your mind a 
clear conception of the way in which a person accused 
of an offense is brought before the court, and tried and 
convicted, or acquitted. 

I have already explained that the first step is the ar- 
rest of the suspected person. 1 Again put yourself in 
the place of the suspected person. 

You are arrested. It is the duty of the officer making 
the arrest, to bring you into a court, but this is not gen- 
erally to a trial court. A person is generally brought 
before what is called a committing magistrate, or a jus- 
tice of the peace or commissioner — some person having 
authority to issue warrants of arrest. You may be 
far from home and friends when you are arrested. 
You may be entirely unacquainted in the neighborhood. 
The government is not ready to proceed to your trial. 
Witnesses must be summoned, not only for the govern- 
ment, but if you have witnesses you desire to use, they 
must be brought in. 

The general rule is to set the case for hearing— a 
"preliminary hearing" in a day or two, or a week pos- 
sibly. You must therefore wait until this time comes. 
What are you going to do? Must you go to jail until 
they get ready to have the hearing? No, you are 
entitled to bail; that is, you are entitled to be dis- 

146 



PUNISHMENT 147 

charged upon a bond fixed by the magistrate, commis- 
sioner or judge. There are usually only two offenses 
which are not (as the saying is) bailable — murder and 
treason. Usually where murder or treason is charged, 
the person is not admitted to bail. He is locked up in 
a cell to await trial ; but as a general rule, when a per- 
son is arrested, his bail is fixed — that is, the amount of 
the bond, which he must file in order to be discharged 
pending the trial. For instance, if it were a charge of 
stealing a bicycle, the court might fix the bail at $500 
or $1000. That would mean that if he would file a bond, 
with sureties, conditioned that in case he did not ap- 
pear for hearing — that he should run away, for in- 
stance, the sureties would pay into the court the 
amount of the bond. Mostly any person of fair stand- 
ing u community can secure some friends who will 
sign such a bond, so that they may have their liberty 
until the trial. 

But the framers of the Constitution, again anxious 
about the liberties of the people, provided — 

"Excessive bail shall not be required." 2 

There are many instances in the olden days where 
bail was purposely fixed so high — so far beyond all 
reason in view of the nature of the offense, that the 
party could not furnish the bail, the purpose being to 
compel the party to remain in prison. Our Constitu- 
tion guarantees to every individual that the amount of 
bail fixed shall be reasonable in view of the nature 
of the offense ; and if it is not reasonable, the person 
arrested may have the matter brought before the 
Court, who will make full inquiry, and reduce the 
amount of the bail if found to be too large. 

All through these guarantees of the Constitution, all 
through these provisions guarding the sacred rights 



148 THE SHORT CONSTITUTION 

of every person, you will see that the effort is that 
justice shall be done, not injustice; that right shall 
prevail, not wrong. That no one shall be kept in 
prison, deprived of his liberty, unless absolutely nec- 
essary in the interest of justice. 

Then after a trial, if a person is found guilty, the 
Constitution again guards the rights even of the guilty, 
by providing — 

"Excessive fines (shall not be) imposed, nor cruel 
and unusual punishments inflicted." 3 

When this constitutional guarantee was written, 
persons then living could recall without doubt, the 
barbarous punishments which had been imposed in 
civilized countries even for light offenses. Common 
hanging was not regarded as sufficient punishment. 
"Hanged, drawn and quartered" was often heard in 
the courts of countries which had been left behind. It 
was nothing uncommon to see persons upon the road- 
side in England, left hanging to the gibbet for long 
periods of time, where the people could see them as a 
warning. It was not uncommon in those times to have 
a penalty of death imposed for the offense of stealing. 

It is almost impossible to read of the punishments 
of the olden days, even under decrees of courts, without 
a shudder. Therefore, every one in America should 
be filled with gratitude that, in the adoption of our 
Constitution, these excessive cruelties were forever 
ended. 

We have in this country the death penalty only for 
the most grave offenses, and it is seldom imposed. 
Imprisonment is generally regarded as just and suf- 
ficient. I might spend an hour if we had time, telling 
you something of the horrible dungeons which served 
as prisons in the olden days, into which God's sunlight 



PUNISHMENT 149 

seldom entered; of the chains the prisoners had to 
wear; of the starvation, yes, and of the lash, — inhu- 
manities which one can scarcely conceive, and which 
can never disgrace the civilization of America. 

Again, carefully guarding the rights and liberties of 
the people we find, — 

"Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have 
been duly convicted, shall exist ivithin the United 
States or any place subject to their jurisdiction.'''* 

This is not a part of the original Constitution. It 
was adopted after the war had driven slavery from our 
shores. The spirit of America has from the begin- 
ning been exerted in enlarging the rights of human 
beings. Slavery existed before the adoption of the 
Constitution, and so strongly was it intrenched at 
that time in some of the colonies, that it was impossible 
then to wipe it out. 

But it did not belong in America, and the time 
came when the American people, after a long bitter 
war, crushed the slave power, and swept from our 
shores the last vestige of involuntary servitude. 
That it might not be renewed, the people amended the 
Constitution so as forever to bar slavery or involun- 
tary servitude except as men might be put in prison in 
punishment for crime, after a full, fair trial. 

Did you ever read of the debtor's prison? It used 
to be in nearly every country in the world, that men 
who were merely unfortunate, who got in debt and 
who could not pay when the debt was due were sent 
to prison, and kept there sometimes for long periods. 
It was most cruel, because in many instances the per- 
sons were honest. They wanted to pay their debts, 
but sickness came, or floods, or fire or other mis- 



150 THE SHORT CONSTITUTION 

fortune, and when the time came, they were unable 
to pay, and thus they lost their liberty. 

In those olden days, men were not only imprisoned, 
but in some countries they were compelled to labor 
for the person whom they owed. They were com- 
pelled to be slaves. 

But at last we have reached a stage in America, 
where no one may be compelled to work for another, 
unless by his own free will, except under conviction of 
a crime where the state may compel prisoners to work 
for some one in order to help pay the expense of 
maintaining them. 

The old debtor's prison is gone. No one in this 
country can now be imprisoned for an ordinary debt. 
There are a few states in which a person may be im- 
prisoned for debts arising in fraud, but for an ordin- 
ary contract debt, mere inability to pay, no one in 
America can now be compelled to submit to impris- 
onment. 

I wish sometime you would think seriously about 
what America has done for the poor. In the olden 
days they had few, if any, rights ; but to-day in Amer- 
ica, while by law we cannot prevent sickness nor sor- 
row, or other misfortune, we can, and we do, guard the 
liberty of the poorest and the most unfortunate. In 
fact many laws have been enacted which give to the 
poor, special privileges which are denied to those who 
have property or money. 

For instance in nearly every state there are what are 
called exemptions, for a person who is the head of a 
family, which protect him even in the possession of a 
limited amount of property which his creditors can- 
not take away from him in payment of a debt. In most 
of the states laborers may hold the earnings of a cer- 



PUNISHMENT 151 

tain period, for instance ninety days, for support of 
themselves and their families, which no one can touch, 
which no officers and no court can seize, in payment of 
a debt. Also they are protected in their household 
goods, their clothing for themselves and their families, 
and in many other ways. 

The farmer who may be heavily in debt is protected 
for himself and his family by having exempted to him a 
team of horses, harness and wagon, machinery and 
farm utensils, and food and clothing for the family. 

I have not time to relate all that has been done by 
America in sympathetic aid of the poor and the unfor- 
tunate. No other country in the world has given such 
consideration to the poor as has America. 

We hear much talk of social injustice, that the poor 
man has no chance. The truth is that more has been 
done in America during the past twenty-five years to 
provide justice for the poor and unfortunate and for 
those who toil, than was done in any other country of 
the world during the last one thousand years. The 
spirit of America is right. The people have the power. 
They are right at heart. The only weakness in Amer- 
ica is the failure of many thousands of our men and 
women to take an active interest in the affairs of gov- 
ernment. Hundreds of thousands, yes millions, of our 
voters fail to go to the polls on election day to vote. 
They do not seem to feel any gratitude for the priv- 
ilege of living in a free country where liberty is 
guarded by written guarantees of a constitution which 
cannot be changed, except by the will of the people 
themselves. 

NOTES AND COMMENTS 

1. In ordinary instances arrests may only be made by officers 
of the law upon warrants issued by a magistrate. Any officer may 



152 THE SHOET CONSTITUTION 

however upon his own cognizance of a crime being committed, ar- 
rest the person or persons without warrant. If such authority 
were not given to officers of the law, many persons violating law 
would be able to escape before a warrant could be issued. Further- 
more, under the laws of some states, any person who sees a crime 
committed is legally required to pursue and arrest the offending 
person and may himself be punished if he refuses to act. Sheriffs 
and other officers of the peace may call upon and require other per- 
sons to assist in the pursuit and capture of fleeing criminals. 

2. Constitution of the United States. Amendment VIII. 

In criminal actions the matter of bail is determined by statute. 
Bail is often denied to those accused of committing serious crimes. 

The term bail is used to designate a person who becomes a sure- 
ty for the appearance of the defendant in court at the time called 
for. But in modern usage the term bail means the amount of 
money pledged by another person for the appearance of the defend- 
ant. If the defendant fails to appear the person going his bail 
must pay the stipulated amount into the court. The payment of the 
bail does not however relieve the delinquent defendant of further 
punishment. He may be again seized and punished as according 
to the charge, and furthermore may be given additional punish- 
ment for "jumping" his bail. 

"The defendant usually binds himself as principal with two 
sureties; but sometimes the bail alone binds himself as prin- 
cipal, and sometimes one surety is accepted by the sheriff. The 
bail bond may be said to stand in the place of the defendant as 
far as the sheriff is concerned, and if properly taken, furnishes 
the sheriff a complete answer to the requirement of the writ, re- 
quiring him to take and produce the body of the defendant." — 
Bouvier's Law Dictionary. I. 211. 

3. United States Constitution. Amendment VIII. 

"The amount of fine is frequently left to the discretion of the 
court, who ought to proportion the fine to the offense." — Cooly. 
Const. Limitations. 377. 

"The object of punishment is to reform the offender, to deter 
him and others from committing like offenses, and to protect so- 
ciety." "A state may provide a severer punishment for a second 
than for a first offense providing it is dealt out to all alike." — 159 
U. S. 673. 

"Punishments are cruel when they involve torture or a lingering 
death; but the punishment of death is not cruel, within the mean- 
ing of that word as used in the Constitution." — 136 U. S. 436. 

A warden of a state penitentiary was recently found guilty of 
inflicting cruel punishment because he punished a convict by sus- 
pending his body from chains placed around his wrists. 

The British Museum contains several machines of torture used 
to punish criminals in early days. One is a machine in the form 
of a hollow case fitting a human form. This case is filled with 
sharp spikes driven through from the outside. The machine was 
so constructed as when a victim was placed inside, the sides could 
be gradually turned up to fit the body and press these spikes into 
the body of the victim so as to produce death. 

Another machine is constructed much as a cross in form of the 
letter-X. The victim was fastened in such manner as to bind his 
wrists and ankles to the ends of the bars. A horse was then 



PUNISHMENT 153 

hitched to either his arms or legs and they were torn from the body. 

Many states in the United States have now adopted electrocu- 
tion as the means of inflicting the death penalty because it is be- 
lieved to be the most humane way. 

4. Constitution of the United States. Amendment XIII, Sec. 1 

This amendment was submitted to the states by resolution of 
Congress in 1865 and by proclamaion of the President of December 
18 of that year was declared to have received the approval of the 
requisite number of states. 

So far as the abolition of slavery is involved there has been no 
question as to the effect of the amendment, but as to what consti- 
tutes involuntary servitude important questions have arisen, 
While the primary object of the amendment was to free the col- 
ored race, the general purpose was to render impossible the exist- 
ence within the jurisdiction of the United States of any legal or 
social institution imposing involuntary labor on any class of per- 
sons. The introduction here of the peonage system prevalent in 
Mexico, the coolie system of China, the padrone system of Italy, 
fall within the prohibition. 

The amendment permits imprisonment and also involuntary 
servitude as a penalty for failure to pay a fine imposed as a pun- 
ishment. Moreover the services of persons imprisoned for crime 
belong to the state and may be leased, subject of course, to human- 
itarian regulations as to the method in which such services may be 
employed. 

Under the enforcement clause Congress has legislated against 
peonage, that is, a condition of enforced servitude by which the 
servitor is restrained of his liberty and compelled to labor in 
liquidation of some contract, debt, or obligation. But without such 
legislation, state statutes imposing imprisonment or servitude for 
non-performance of contractual obligations are invalid as in conflict 
with the provisions of the amendment. — Emlin McClain. Cycl. of 
Am. Govt. III. 536. 

In the early days many of the American colonies permitted im- 
prisonment for debt, and one of the greatest patriots and philan- 
thropists of colonial times, Robert Morris, was imprisoned for 
debt by the state of Pennsylvania. 

ELEMENTARY QUESTIONS 

1. After a person is arrested where is he generally taken by the 
officer? 

2 . If the hearing is postponed, what is generally done with him in 
the meantime? 

3. What is bail? 

4. What offenses are not bailable? 

5. What is the Constitutional guaranty as to bail? 

6. Why should excessive bail be prohibited? What would be the 
injustice of this practice? 

7. What happens when a person "out on bail" fails to appear in 
court at the time set? Is he relieved of further punishment? 

8. If a magistrate fixes excessive bail, what may the accused 
person do in order to have it reduced? 



154 THE SHORT CONSTITUTION 

9. Name some cruel and unusual punishments? 

10. When was slavery in America abolished? 

11. What was a debtor's prison? 

12. How does America protect the poor? Can a debtor be put in. 
prison for failing to pay ordinary debts? 

13. What is meant by "exemptions" in relation to property and 
debts? 

ADVANCED QUESTIONS 

A. Explain the injustice of requiring excessive bail? 

B . When a judge determines the amount of bail, what factors does 
he consider? 

C. What is the purpose of punishment? 

D. Discuss the movement for prison reform. 

E . What is the purpose of the bankruptcy law? 

F. Write a paper on: 

Cruel and Unusual Punishments 
Punishment and Crime in the United States 
How America Protects the Poor Man 
The Reformatory Versus the Penitentiary 



XVIII 

EQUAL RIGHTS OF CITIZENS 

ALL CITIZENS ENTITLED TO EQUAL PRIVILEGES AND 
IMMUNITIES— RIGHT TO VOTE NOT ABRIDGED 

The great achievement in American government 
was the establishment of a nation composed of inde- 
pendent and sovereign states. It was not an easy mat- 
ter to bring all these states together as one government, 
so that there would be harmony and unity; but the 
f ramers of the Constitution succeeded in a wonderful 
way in adopting rules and regulations — the Constitu- 
tion — which made this the most powerful and the most 
peaceful nation in the world. 1 

Only once has there been any serious question be- 
tween the states, and the Civil war settled that forever. 
Following the war, in 1868, to bind more firmly the 
States together by the establishment of the rights of 
citizens of the various states, an amendment to the 
Constitution was adopted by the people of the nation, 
which is as follows : 

"All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein 
they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citi- 
zens of the United States; nor shall any State deprive 
any person of life, liberty, or property without due 
process of law; nor deny to any person within its juris- 
diction the equal protection of the laws/' 2 

This portion of our Constitution establishes the citi- 

155 



156 THE SHORT CONSTITUTION 

zenship of every person born or naturalized in the 
United States, and guarantees the rights of such citi- 
zen, not only in the state where he lives, but in any 
state. No state has the power, since the adoption of 
this amendment, to make or enforce any law which shall 
abridge the privileges, rights, or immunities of citi- 
zens, no matter in what state they may make their 
home. 

By this amendment, all states are prohibited from 
enacting any law, or permitting any proceedure of its 
courts, which shall "deprive any person of life, liber- 
ty, or property, without due process of law." 

You will recall that immediately after the adoption 
and approval of the original Constitution, there were 
ten amendments adopted which became effective in 
1791, in one of which it was provided that no person 
' i shall be deprived of life, liberty or property, without 
due process of law." This forever barred the United 
States government from depriving the humblest citizen 
of his life, his liberty, or his property, except through 
the regular processes of the law which we have here- 
tofore considered ; and by the Amendment of 1868, the 
same restriction was placed upon every state in the Un- 
ion, thus completing the guarantee to every man, wo- 
man and child, that life, liberty and property would be 
safe and sacred. No power exists in the state or na- 
tion by which life, liberty or property may be inter- 
fered with, except through the tribunals established by 
the people themselves to hear and determine in a ju- 
dicial way, after proper notice with full opportunity to 
be heard in a public trial. 

No secret schemes can be devised which will inter- 
fere with the rights of the humblest citizen, no power 
can be created strong enough wrongfully to invade the 



EQUAL RIGHTS OF CITIZENS 157 

right to life, liberty and property. These guarantees 
being written into the Constitution, will stand forever, 
unless the people by their own choice, shall throw away 
these great guarantees and destroy these great bless- 
ings. 

Then following the Civil War, the people of America 
adopted the following as part of the Constitution of the 
United States : 

"The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or 
by any State on account of race, color, or previous con- 
dition of servitude." 3 

You remember the Emancipation Proclamation by 
President Lincoln, which struck the chains from the 
limbs of men and women and children who had been 
slaves for generations. They were human beings, 
though of the colored race. They were lifted from the 
position of slavery, to the dignity of citizenship, and 
clothed with power to help in the government of their 
country by being given the privilege of going to the bal- 
lot box to vote. To establish this right, and protect this 
privilege for all time, this Amendment to the Constitu- 
tion was adopted by the people of the United States. It 
was a bold thing to do, to clothe a subject race which 
had little opportunity for education, with the rights of 
citizenship. No nation in the world ever attempted 
such a wonderful and radical experiment ; but the peo- 
ple of America having real confidence in human beings, 
regardless of color, race or creed, assumed the respon- 
sibility of admitting the former slaves as part of the 
power of government in this country. 

Of course you realize that the value of a citizen to his 
country, when it comes to voting and making laws, de- 
pends upon his knowledge of public affairs, and his 



158 THE SHORT CONSTITUTION 

confidence in his government ; and therefore education 
is absolutely necessary to real service to one's coun- 
try. That is one of the big objects of education — to 
qualify persons for full citizenship. 4 

Too many of us consider the right to vote simply as a 
privilege to help some neighbor to be elected to some 
public office. This view is all wrong. Our country is 
first, and we never should help a neighbor to be elected 
to an office unless that neighbor can help to make this 
a better government. 

When we elect any one, we are selecting a servant to 
represent us, to act for us. Therefore great care 
should be exercised in selection. We must enquire not 
only whether the person is good, and virtuous, but also 
whether the person is useful, and has right ideas 
about public service. 6 

If congressmen, judges, legislators, mayors, or other 
public servants are not honestly or truly representing 
the people ; if they are not carrying out the will of the 
people in their official actions ; this simply proves that 
the people have not selected the right kind of men to 
represent them. There are honest men ; there are men 
who are tried and loyal and patriotic. They are our 
neighbors. We have the choice of selecting them if we 
want to. The truth is that nearly all public officers are 
honest and patriotic. The truth is that as a rule they 
try to do what the people want. But the truth is that 
the majority of the American people take so little inter- 
est in public affairs that they make no effort to have 
their servants in public life know what they do want. 
People are ready to criticize if a mistake is made, but 
they will do little to help avoid mistakes. 

I'll tell you what I would like to see. I'd like to see 
this assembly room in this school filled one night each 



EQUAL RIGHTS OF CITIZENS 159 

week, with children and men and women, with parents 
And teachers. It would be a real community meeting 
to talk over community, state and national matters. I 
would like to see such a meeting in every school in this 
city, in this state and in the nation. I wish someone 
would start a movement to have the movies closed one 
evening each week, so that the people might have at 
least one night to give some little consideration to the 
serious problems of life. "Eternal vigilance is the 
price of liberty." Vigilance means watchfulness, care 
and thought. Every man, woman and child in America 
should watch and pray that our liberties so dearly 
bought with the life blood of heroes should not be taken 
away. 

NOTES AND COMMENTS 

1. James Bryce has written of our government; — "The Ameri- 
can Union is .... a state which, while one, is nevertheless com- 
posed of other states even more essential to its existence than it is 
to theirs." 

2. Constitution of the United States. Amendment XIV. Sec. I. 
A person may attain to citizenship in the United States in any 

of seven different ways: 1. By birth — i. e. natural born. 2. By 
naturalization, which usually requires continuous residence for five 
years. 3. By treaty regulation. 4. By statute of Congress. 5. 
By annexation of territory. 6. By marriage — if a foreign woman 
marries an American citizen. 7. By honorable discharge from the 
army or navy, upon which the court admits to citizenship regard- 
less of the time of residence in the United States. 

In the United States we recognize a dual citizenship — citizenship 
in the United States, and citizenship in a state. Any person who 
is a citizen of the United States is also a citizen of the state where- 
in he or she resides. Nine different states grant the right of suf- 
frage and state citizenship to such foreigners as take out their first 
naturalization papers. These states are Alabama, Arkansas, In- 
diana, Kansas, Missouri, Nebraska, Oregon, South Dakota and 
Texas 

Citizenship must not be confused with the right of suffrage. 
Neither one necessarily includes the other. All citizens cannot 
vote — children for example. All voters are not necessarily citizens, 
those in the above nine states for example. 

Aliens in the United States have practically all the civil rights 
that are enjoyed by citizens, but they do not have political rights. 
An alien may purchase, own and convey property. He may sue 
and be sued in the courts. 



160 THE SHOKT CONSTITUTION 

"There can be no doubt that the minimum expectation of the 
f ramers of this amendment to the Constitution was that it would 
make the first eight amendments to the Constitution binding upon 
the states, as they already were upon the Federal Government, 
and that it should be susceptible not only of negative enforcement 
by the courts but also of direct positive enforcement by Congress. 
— Cycl of Am. Government. II. 41. 

3. Constitution of the United States. Amendment XV. 

4. "By a series of decisions the most important of which were 
those in the Slaughter House cases (16 Wallace 36) and in the 
Civil Rights Cases (109 U. S. 3) the United States Supreme Court 
established the following principles: (1) that the prohibitions of 
the fourteenth amendment are addressed to the states as such and 
not to private individuals; (2) that these prohibitions contemplate 
only positive state acts and not acts of omission; (3) that the 
amendment recognizes a distinction between state citizenship and 
United States citizenship; (4) that it protects from state abridge- 
ment only "the privileges and immunities" which the Constitution 
by its other provisions bestows upon "citizens of the United 
States" as such." — Cycl. of Am. Government. II. 41. 

The nineteenth amendment which is now ratified by the States, 
provides, "the right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any state on 
account of sex." — Constitution of the United States. Amendment 
19. 

5. "The good citizen must in the first place, recognize what he 
owes his fellow citizens. If he is worthy to live in a free republic 
he must keep before his eyes his duty to the nation of which he 
forms a part. He must keep himself informed, and he must think 
of himself as well as of the great questions of the day; and he 
must know how to express his thoughts." — Theodore Roosevelt. 

6. In receiving applications for the many appointments which 
it was his duty to make — President Taylor said — "I shall make 
honesty, capacity and fidelity indispensable requisites to the be- 
stowal of office; and the absence of any one of these qualities shall 
be deemed sufficient cause for removal." 

ELEMENTARY QUESTIONS 

1. Show how the United States gave citizens of the different 
States equal rights. 

2. Who can vote in the United States? Who are citizens of the 
United States? 

3. Is the power to vote simply a privilege? 

4. Why is it that our representatives sometimes do not truly 
represent us? 

5. How can we interest people in voting? 

ADVANCED QUESTIONS 

A. Show how it is important that people should have equal rights 
in the various States. 



EQUAL RIGHTS OF CITIZENS 161 

B. Give some illustrations of the variations from State to State 
of certain local laws, such as automobile laws, etc. 

C. If the law of New York limits the speed of an automobile to 25 
miles per hour and the law of Massachusetts limits the speed 
to 20 miles per hour, can a citizen of New York travelling in 
Massachusetts legally operate his car at 25 miles per hour? 
Under like circumstances can a citizen of Massachusetts while 
in New York operate his car at 25 miles per hour? 

D . Show in detail the dangers of not voting. 

E. How may a person obtain citizenship? 

F. What has education to do with citizenship or voting? 

G. Should you vote for a neighbor simply out of friendship? 
What should be taken into consideration? 

H. Discuss Roosevelt's definition of a good citizen given in Note 5. 
I. Outline a proper program for a community meeting. 
J . Write a paper on the following : 

The Privileges of the Citizen 

The Danger of Not Voting 

The Ballot — An Obligation Not a Privilege 

How to Become a Naturalized Citizen 

Voting and other Duties of Citizenship 



XIX 

WRIT OF HABEAS CORPUS 

THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS NOT 
TO BE SUSPENDED EXCEPT IN WAR 

Here is something in our Constitution which I sup- 
pose you have read, but which you probably do not un- 
derstand. That is, you probably do not understand its 
real value, not to somebody else, but to yourselves, be- 
cause all of these provisions of the Constitution are for 
each one of us. 

We may go along through life, never being placed in 
a position where we will have to call upon the Consti- 
tution to defend us. Most of our people are peaceful 
and just, and it isn't often that the rights of innocent 
persons are attacked or invaded. It isn't often that an 
innocent man is arrested for a crime, and yet such a 
things may occur any day to any one of us. You may 
rest assured that such things do not occur as often as 
as they would if the Constitution did not stand as a bar- 
rier to protect innocent persons. These great consti- 
tutional guarantees are not only valuable when we 
want to assert our rights, but they are valuable as a re- 
straint upon wrongdoers. 1 

Now here is this provision : 

The Privilege of the Writ of Habeas Corpus shall 
not be suspended, unless when in Cases of Rebellion or 
Invasion the public Safety may require it." 2 

Now what is a "writ of habeas corpus V 9 "Habeas 
Corpus' ' is a Latin phrase, which in English means 
"you may have the body. 9 9 A writ of habeas corpus is 

162 



WRIT OF HABEAS CORPUS 163 

a writ directed to the person detaining another, or hold- 
ing him in prison, commanding him to produce the pris- 
oner at a certain time and place before a court or 
judge, so that the right of imprisonment or restraint 
may be inquired into. It is an ancient writ, recognized 
as far back in English Jurisprudence as 1679. It was 
used against the King in the Reign of Henry VII, and 
on through the later years. It was recognized from 
time to time, sometimes entirely denied, and again 
given force. 

But as applied to you and to me, what does it signify? 
Suppose on your way home this evening, some person 
should seize you and force you to go to jail, and 
lock you up. No charge is made against you. You are 
innocent of any offense. You sit there in the cell won- 
dering what it all means. You can not even communi- 
cate with your parents or friends. The jail is built of 
stone, the iron bars are strong, and you are helpless. 

Well, in the olden days, many a man and woman had 
such experiences, and many a man and many a woman, 
lay in jail for long periods without any charge, or any 
trial, deprived of liberty, utterly powerless. 

Now as I said, suppose you were in jail to-night — not 
even permitted to communicate with a friend or with 
a lawyer, and your father found out where you were. 
He could not go and break down the prison walls. He 
could not even talk to you ; but if he were familiar with 
the Constitution of the United States and of his state, 
— because there is a like provision in the Constitution 
of all states — if your father understood his consti- 
tutional rights, he would at once apply to some court 
or judge for a Writ of Habeas Corpus. It would be a 
simple matter. He would set out in writing the facts, 
simply the story, that you were seized and were impris- 



164 THE SHORT CONSTITUTION 

oned wrongfully, and lie would ask that a Writ of Ha- 
beas Corpus issue, and this request, no court or Judge 
can deny. He would promptly issue the writ, which 
would be in writing directed to the person keeping you 
in jail, or the keeper of the jail, or some one who was 
aiding in keeping you in jail, and this writ would com- 
mand such person to have you brought before the court 
at once, "commanding him to produce the body of the 
prisoner at a certain time and place. ' ' You would be 
brought there, and the person having you in jail would 
have to show cause for such conduct. Unless legal 
cause were shown, the judge would promptly discharge 
you, and the person who had committed the wrong 
against you would probably receive proper punish- 
ment, after a trial for his wrongful act. 

Now there were long periods of time in England 
when the right to a Writ of Habeas Corpus was sus- 
pended, during which time a person wrongfully in 
prison had no relief and no remedy, when helpless men 
and women starved and died. So when the Constitution 
was adopted, the people of America were careful to 
see that this guarantee was written therein: 

"The Privilege of the Writ of Habeas Corpus shall 
not be suspended." 3 

Under our Constitution this may be done only "in 
case of rebellion or invasion ' y when "public safety may 
require it ; ' ' as for instance, in the World War which 
you all remember some dangerous person, some traitor 
might have been arrested by the military authorities 
and detained in custody, and he could not be discharged 
upon a Writ of Habeas Corpus, because a state of war 
existed, and public safety required that he be held. Of 
course in times of war persons engaged in the military 
service are not entitled to a trial in a civil court for 



WRIT OF HABEAS CORPUS 165 

their offenses. They are trial for military offenses by 
court martial. That is a military court, where the 
judges are military officers, ordered by their superiors 
to sit andhe ar the evidence. There is not much form- 
ality. In grave offenses prompt action is necessary. 
Spies are caught, the courts organized the evidence 
taken, a finding of guilty made, and the party shot, all 
perhaps within twenty-four hours. These are the 
necessary awful consequences of war. 

But can't you see now what a sense of security this 
little provision of our Constitution ought to bring to 
each one of us? We always know that in case of our 
wrongful arrest, a Writ of Habeas Corpus will bring 
us before some court where we may have prompt in- 
quiry into the reasons for invading our right to liberty, 
and prompt order for discharge if arrest is unjustified. 

This writ issues not only in behalf of persons con- 
fined in jails and prisons, but also in every case where 
one is held by force against his will by another person, 
because this is a free country, and no man, private citi- 
zen or public officer, has any power to restrain another 
against his will, unless such restraint is under legal 
proceedings with all the safeguards of the Constitu- 
tion. 

I remember a case when unfortunately a father and 
mother were separated and divorced. Their little boy 
was left with his mother. The judge decided that the 
father was a bad man and that he was not worthy to 
have charge of his son. 

A few months later that father went to the house 
where the mother and boy lived, watched behind the 
hedge until the little boy was at play in the yard, when 
he seized him, jumped in an automobile which was wait- 
ing for him in the woods, and drove away at great 



166 THE SHORT CONSTITUTION 

speed. He took the boy to a boarding school in a 
neighboring state, telling the principal of the school 
that he wanted the boy safely kept until he should re- 
turn from Europe. After many days the sheriff with 
the aid of detectives found where the boy was. The 
mother came to the school. Of course she was filled 
with joy when she saw her son. She thought that she 
could take him away with her at once, but the principal 
would not consent. He said that he had no knowledge 
of whether or not she was the boy's mother; that she 
had no right to take him away ; and that his duty was 
to return the boy to the man who had left him in the 
school. The appeal of the mother and the tears of the 
boy were in vain. 

At last she had to leave the boy. She at once con- 
sulted a lawyer. He prepared a written application 
asking that writ of Habeas Corpus be issued, command- 
ing the principal of the school to bring the boy before 
the judge, that the judge might hear the evidence, and 
make an order releasing the boy from the school and 
placing him in the charge of his mother. The writ was 
issued by the judge. An officer went to the school, read 
the writ to the principal, who promptly brought the boy 
to the court room. 

There the judge heard the story of the mother and 
the simple tale of the little boy, he examined certified 
copies of the order of the court awarding the custody 
of the boy to his mother, which the sheriff had pro- 
cured, and then he very promptly ordered the principal 
of the school to give the boy to his mother. The princi- 
pal was of course glad to do so, when he found that the 
father had done wrong. 

This is only one of hundreds of cases where the Writ 
of Habeas Corpus releases someone from wrongful 



WEIT OF HABEAS CORPUS 167 

confinement. Such wrongful confinement may be in 
a school or in a home or in a jail or in a dungeon or in 
a dark cellar. No matter where, the writ of Habeas 
Corpus does not stop at locked doors or barred win- 
dows or stone walls. An officer with such a writ can 
break and enter if necessary. No obstacle can be al- 
lowed wrongfully to deprive an American citizen of his 
liberty. 

NOTES AND COMMENTS 

1. "The American Constitution is the most wonderful work ever 
struck off at a given moment by the brain and purpose of man." — 
Gladstone. 

"It will be the wonder and admiration of all future generations 
and the model of all future constitutions. ,, — William Pitt. 

"Our fathers by an almost divine prescience, struck the golden 
mean," when they made the Constitution. — Pomeroy. 

(The U. S. Constitution.) "It ranks above every other written 
constitution for the intrinsic excellence of its scheme, its adaptation 
to the circumstances of the people, the simplicity, brevity and pre- 
cision of its language, its judicious mixture of definition in prin- 
ciple with elasticity in details." — James Bryve. 

2. "This is the most famous writ in the law; and, having for 
many centuries been employed to remove illegal restraint upon 
personal liberty, no matter by what power imposed, it is often 
called the great writ of liberty." 

— Bouvier's Law Dictionary. I. 917. 

3. In 1861, Chief Justice Taney decided in the United States 
Circuit Court of Maryland, that Congress alone possessed the power 
under the Consitution, to suspend the writ. — 9Am. Law. Register. 
524. 

The privilege of the writ is, however, necessarily suspended when- 
ever martial law is declared in force ; for martial law suspended all 
civil process. 

"As a recognized legal remedy, resort to the proceeding by 
habeas corpus may be had where a person is imprisoned under pre- 
tended legal authority which in fact for any reason is absolutely 
void, as where the warrant of arrest or commitment is insufficient 
or the proceeding under which the warrant was issued was with- 
out legal authority." 

"A state court or judge cannot inquire by habeas corpus into 
the validity of arrest or detention of a person under federal author- 
ity. The right to redress in such cases, if any, must be sought in 
the Federal courts. But on the other hand Federal courts and 
judges may inquire into the cause of the restraint of liberty of any 
person by a state when the justification of Federal authority or 
immunity is set up for the act complained of." — Cycl. of Am. Gov- 
ernment. II. 106. 



168 THE SHORT CONSTITUTION 

ELEMENTARY QUESTIONS 

1. What is a writ of habeas corpus? 

2. What does "habeas corpus"mean? 

3. When was it recognized in England? 

4. When may it be suspended in America? 

5. Just what does it mean to the average citizen? 

6. Can you think of a time when it might be valuable to you? 

7. What is martial law? 

ADVANCED QUESTIONS 

A. Just when is a writ of habeas corpus likely to prove valuable? 

B. Why is it called "the most famous writ of the law"? 

C. Show how it affects the poor man. 

D. Show how it makes for democracy. 

E . Write a paper on the following : 

Abuses Found Before the Writ of Habeas Corpus Was 

Recognized 

Cases Where It was Used Locally 

The Experience of the Arrest of an Innocent Man Who Was 

Unable to Furnish Bail 

A Court Martial 



XX 

OTHER PROHIBITED LAWS 

NO BILL OF ATTAINDER OR EX POST FACTO LAW MAY 
BE PASSED BY CONGRESS 

This morning I have something else for you which 
you probably do not understand, something that you 
can hardly imagine would interest you personally; 
but as I have often repeated, always bear in mind that 
every single clause of the Constitution is made for each 
and every one of us, no matter what position we may 
have in life. 

The framers of the Constitution said 

"No Bill of Attainder or ex post facto Law shall be 
passed." 1 

What does " attainder' ' mean? It means the extinc- 
tion of civil rights and capacities and powers, which 
tinder the law in the olden times took place whenever 
a person was convicted of treason, or of a crime for 
which death sentence was imposed. It means that all 
the estate of the convicted person, all his land, money, 
or other property, was forfeited to the government ; so 
that upon his death, nothing passed by inheritance to 
his heirs. As it was expressed, his blood was "cor- 
rupted. ' ' He could not sue in a court of justice. He 
was helpless to defend any right of himself or his 
family. 

By "bills of attainder," which were legislative acts 
imposing that penalty on the accused without giving 
him any hearing in a court, many persons were de- 
prived of their rights and their possessions in the cen- 

169 



170 THE SHOET CONSTITUTION 

turies which have gone by, in order that such rights 
and such possessions might go to some favorite of the 
government. Of course no one would have much sym- 
pathy for a person who might be actually guilty of trea- 
son, or guilty of a great crime which involved a death 
penalty ; but in the olden days innocent men were often 
charged with treason, and punished. Conspiracies 
were formed to get rid of certain individuals, who 
might be an obstacle to the achievement of base ambi- 
tions. 

The abuses arising out of the imposition of at- 
tainder became so grave that in the time of Queen 
Victoria a statute was passed in England abolishing 
the extreme penalties which followed it. 

In some of the colonies in this country, before the 
Constitution was adopted, acts of attainder were 
passed and enforced; but when the Constitution was 
finally adopted, bills of attainder were forever barred. 

Don't you see the spirit of charity which is manifest 
in this, just as in the entire Constitution, charity 
even for wrongdoers, charity for the weaknesses of 
men! Wrongdoers of course must be punished, yet 
the Constitution wipes out harsh and brutal methods 
which were common in the days before America came 
into being. 

No "ex post facto law" shall be passed. What 
does that mean? 2 If a person does an act, which at 
the time of the doing of the act is not a criminal of- 
fense, the Congress of the United States with all its 
power, cannot make that act, innocent when done, 
a crime. Yet this used to be done in the old days. 
You can imagine how in those days a brutal govern- 
ment being desirous of getting rid of some objection- 
able person, but desiring to have its acts appear legal, 



OTHER PROHIBITED LAWS 171 

might find that he had done some act which was not 
punishable under the law ; but through a corrupt legis- 
lative body, it might so legislate as to make the act a 
criminal offense, and thus have the person tried and 
convicted. 

Under this constitutional guarantee a person might 
commit an offense for which there was a moderate 
punishment ; and the legislature might, after the com- 
mission of the crime, but before he was tried, increase 
the penalty. For instance, if there were a penalty of 
two years imprisonment for stealing a horse, and 
some neighbor was guilty of stealing a horse, thus 
leaving himself, when convicted, subject to two years 
imprisonment, all the powers of the United States 
Government, all the powers of Congress, all the won- 
derful power of the people of the country, could not 
change the penalty, could not, for instance, amend the 
law so as to provide a five year penalty instead of two, 
so as to affect this neighbor who before this time 
had stolen the horse. He could if convicted be sen- 
tenced to two years, but no more. 

You may think that those who adopted the Consti- 
tution must have been suspicious of Congress, or the 
people, in thus carefully preventing wrongs against 
individuals accused of a crime — yes, individuals who 
had actually committed a crime; but you can readily 
understand why they were so careful. The conduct of 
the governments of the world had been such before 
that day that suspicion was justified. The Constitu- 
tion was made for the individual — for men, women 
and children, to guard their rights against the abuse 
of power ; and in fact most of the wrongs of the world 
have had their origin in the abuse of power. The Con- 
stitution guards the humblest person against abuse 



172 THE SHORT CONSTITUTION 

of the power granted to the government, as well as 
against the wrongs of our neighbors. 

The people in this country have great power — abso- 
lute power. This power may be expressed in laws en- 
acted by Congress or by the legislatures of the states, 
except in those things which the people themselves 
in the Constitution of the United States, and in the 
Constitution of the different states, have placed beyond 
even their own power. 

Of course these provisions of the Constitution, as 
all provisions of the Constitution, may be changed by 
the people, but not by a mere majority of the people. 
These Constitutional provisions relate to sacred 
rights, and they may not be changed except upon ma- 
ture deliberation, and by a vote which represents the 
sentiment of at least a majority of the people of three- 
fourths of the states. 

So I hope you can realize that when the f ramers of 
the Constitution prohibited Bills of Attainder, and 
prohibited the enactment of the Ex Post Facto laws, 
they were doing something for the people of this coun- 
try. They had the rights of the people in mind — the 
rights of the humble and perhaps unknown, as well 
as the rights of those in high places. I do not expect 
you to study the details of these provisions of the 
Constitution relating to Bills of Attainder and Ex 
Post Facto laws. You will probably never have to 
enforce these rights which are given to you under the 
Constitution. I hope you will not; but the important 
thing which I always want you to bear in mind is, 
that these guarantees of the Constitution are in exist- 
ence and that they confer upon you certain powers 
which may be asserted to protect your liberty if occas- 
sion should ever arise. 



OTHER PROHIBITED LAWS 173 

I am sure you realize that at the beginning of 
the life of the American nation, extreme care was 
exercised by those who framed the Constitution, to 
guard the people at every point against injustice and 
wrong, whether exercised by private individuals, or 
by public officials. 

Understanding these things — feeling these things, 
will give you a new sense of power and of pride, and 
of duty, as citizens of this great nation. 

NOTES AND COMMENTS 

1. Constitution of the United States. Art. I. Sec. 9. CI. 3. 
"The effect of attainder upon a felon is, in general terms, that 

all his estate, real and personal, is forfeited; that his blood is 
corrupted, and so nothing passes by inheritance to, from or 
through him." 

"In the United States the doctrine of attainder is now scarce- 
ly known, although during and shortly after the Revolution acts 
of attainder were passed by several of the states. The passage of 
such bills is expressly forbidden by the Constitution. — Bouvier's 
Law Dictionary. I. 190. 

"A bill of attainder, as thought of in the United States to-day, 
would be such law as permitted a person charged with the com- 
mission of a crime, to be tried and found guilty and sentenced 
without being present at the trial." It is one of the rules of 
procedure in court to-day that in all criminal cases the person 
charged with crime must be present during the entire trial. An- 
other fundamental judicial fact is that all criminal punishment 
terminates with the death of the person found guilty, his chil- 
dren are exempt. 

2. "An ex-post-facto law is a law which in its operation 
makes an act criminal which was not criminal at the time the act 
was committed, or provides a more severe punishment for crim- 
inal acts already committed, or changes the rules of procedure 
so as to make it more difficult for one accused of crime to defend in 
a prosecution of such crime." "The prohibition relates to retro- 
active criminal statutes providing a punishment for an act pre- 
viously committed or increasing the punishment making it more 
difficult for the accused to defend, but not to retroactive laws, 
even though criminal, which mitigate the punishment or merely 
change or regulate the procedure without imposing any additional 
substantial burden on the accused in making his defense." — Cycl. 
of American Government. I. 700. 

We should keep in mind that both "Bills of Attainder" and "Ex- 
post-facto" laws have only to do with crimes and their punish- 
ment. These laws do not relate to civil matters. 



174 THE SHORT CONSTITUTION 

ELEMENTARY QUESTIONS 

1. What does attainder mean? 

2. What was the effect of a bill of attainder on the family of a 
man who was convicted? 

3. Why does the abolition of attainder show the charity of the 
founders of the Constitution? 

4. What is an ex post facto law? 

5. How would this kind of a law be unjust? 

6. How could a strong, powerful, and dishonest man work injus- 
tice by means of such a law? 

ADVANCED QUESTIONS 

A. Show how attainder worked in England in the early days. 

B. What were the abuses found under such a law? 

C. Show how its abolition made for democracy. 

D. Show how the abolition of ex post facto laws made for democ- 
racy. 

E. Write a paper on the following: 

The Injustice of Attainder 

The Injustice of an Ex Post Facto Law 



XXI 

TITLES, GIFTS, TREASON 

PROHIBITION OF TITLES AND FOREIGN GIFTS— TREAS- 
ON, TRIAL AND PUNISHMENT 

America is a democracy. It was the plan from the 
beginning that it always should be a democracy. The 
human race had suffered much from royalty, from 
kings and emperors, and queens and princes. Human 
nature is weak. We are all more or less attracted 
by people with titles. Story books which we read in 
childhood exalt the "Lords" and "Ladies," and 
"Princes", and I regret to say that the history of 
lords and ladies and princes does not always justify 
the pictures which our story books would paint for 
us. 

The men who framed the Constitution had just fin- 
ished a life and death struggle with royalty — a strug- 
gle between the people and a king, and the people had 
won. They were determined that the blighting influ- 
ence of royal power should never again find a place 
on American soil. Therefore they put into the Con- 
stitution : 

"No title of Nobility shall be granted by the United 
States: And no Person holding any Office of Profit or 
Trust under them, shall, without the Consent of the 
Congress, accept of any present, Emolument, Office, 
or Title, of any kind tvhatever, from any King, Prince, 
or foreign State." 1 

Xever before in the history of the world was such 
a bold thing done. These words reflect the spirit of 

175 



176 THE SHORT CONSTITUTION 

the Revolution. They mark the turning point in the 
history of human governments. They proclaim the 
final establishment of the government by the people — 
the first real government by the people that the world 
ever knew. 

I wonder if those who criticize the government of 
America, who complain that in this country the peo- 
ple have no chance, I wonder if they ever read these 
glowing words of our Constitution. It isn't so much 
the words, but the spirit in which they were made a 
part of our Constitution, the spirit in which the young 
nation proclaimed to the world eternal separation 
from kingly power. 

I find all through the Constitution an expression of 
grim determination to fortify the nation against any 
influence, which would weaken the supreme power of 
the people, which would in any way interfere with the 
plan to make this a government by the people. 

In many provisions of our Constitution we find ex- 
pressions which show how humane America is. 

We hate treason. In fact there is no other crime so 
dark, so awful, as treason. But in the history of the 
world, treason has meant many things, and unfortun- 
ately treason has been made not only the instrument 
of those who sought the destruction of governments, 
but it has sometimes been made the instrument of 
tyrants in suppressing the rights, and in crushing the 
hopes of the people. It all depends on what is meant 
by treason. 

In the olden days we find men charged with treason 
when the offense was in fact very slight, perhaps a 
just resistance to the king — perhaps merely an asser- 
tion of natural human right against the king. 

The government of the United States, being intend- 



TITLES, GIFTS, TREASON 177 

ed to protect the liberties of the people, the Consti- 
tution put a bar against prosecution for treason, ex- 
cept where the accused was actually an enemy of his 
country, endeavoring to aid in the destruction of his 
country. We are here told what treason is. 

"Treason against the United States, shall consist 
only in levying War against them, or in adhering to 
their Enemies, giving them Aid and Comfort, Xo per- 
son shall be convicted of Treason unless on the Testi- 
mony of two witnesses to the same overt Act, or on Con- 
fession in open Court, 

"The Congress shall have power to declare the Pun- 
ishment of Treason, but no Attainder of Treason shall 
work Corruption of Blood, or Forfeiture except during 
the Life or the Person Attainted." 2 

"We see all through the Constitution a splendid 
spirit of justice, and a spirit of charity, even toward 
the guilty. By this article of the Constitution, not 
only is treason defined, but any conviction of a per- 
son for treason must be upon the testimony of at least 
two witnesses to the same act, or upon a confession in 
open court. 

The innocent must not be punished; and even the 
guilty, when convicted, shall alone bear the punish- 
ment. It being such a grave offense, Congress may, 
if it so desires, provide very severe penalties, but it 
cannot attaint the blood, so that the children or the 
grand children of the guilty person shall suffer as in 
the olden days; nor shall the right of forfeiture of 
property obtain, except during the life of the person 
guilty of treason. 

Xo one objects to any penalty, however severe, 
where treason is proved, but it is contrary to the 
spirit of America to brand the innocent descendants 



178 THE SHOET CONSTITUTION 

of one who is guilty of a crime. Of course the children 
of the guilty will always bear a certain degree of re- 
proach from their fellowmen, but it is not fair that 
they should be visited with penalties for an offense 
which they themselves never committed. It is the spirit 
of America that each person shall enjoy any position in 
life which he may win by merit and honest endeavor, 
and no obstacle should be placed in his way by the 
wrong of an unfortunate ancestor. 

NOTES AND COMMENTS 

1. Constitution of the United States Art. 1, Sec. 8. 

Titles of nobility as recognized in many European countries 
include the following: — Duke; Earl; Marquis; Viscount; Baron. 
These titles were in part hereditary and in part acquired. They 
always conferred special privileges both in rank and in political 
preferment. Such titles cannot exist in a democracy because 
they in their very nature destroy equality before the law, and 
that is the fundamental principle of democratic government. 

"The provisions prohibiting the granting of titles of nobility 
are designed, no doubt, first to preserve equality before the law, 
and second, to secure in perpetuity a republican form of govern- 
ment. Such provisions are not essential to theoretical equality 
before the law, for such equality is fundamental in the law of 
England notwithstanding the existence of titles of nobility. But 
the framers of the Constitution evidently contemplated a form 
of government in which there should be no special privileges con- 
ferred by rank or title. The additional provision in the Federal 
Constitution prohibiting the acceptance by any person holding 
any office of profit or trust under the United States of any pres- 
ent, emolument, office or title from any foreign sovereign or 
power without the consent of Congress, was probably intended 
to prevent the exercise of foreign influence in governmental 
affairs. These articles in the Constitution are substantially bor- 
rowed from the Articles of Conferedation." Emlin McClain. 
Cyclop. American Government. II. 58. 

2. Constitution of the United States. Art. III. Sec. 3. CI. 1. 

Treason is defined in this article of the Constitution and there- 
fore Congress cannot define it in any other manner. Many peo- 
ple use the word "treason" very loosely. They often speak of a 
person committing treason when the act committed is not treas- 
onable at all, but is some less severe crime. Treason consists 
only in levying war against the United States or in giving aid 
or comfort to enemies of the United States. 

The meaning of "two witnesses to the same overt act" is that 
the Constitution requires that two persons will appear in court 
and swear to the fact that they personally saw the act committed. 



TITLES, GIFTS, TREASON 179 

"Overt act" means "openly committed act". Chief Justice John 
Marshall knew that in the trial of Aaron Burr it would be im- 
possible to get two persons to swear to having seen Burr commit 
the conspiracy, so he took advantage of the technicality in the 
indictment and threw the case out of court. This trial was held 
at Richmond, Virginia. 

"Confession in open court" is about the only instance in which 
such confession will convict a person charged with committing a 
crime. As a rule a person's own confession will not be accepted 
as evidence against him, in criminal prosecutions, because few 
confessions are made without some threat or inducement and 
under the guarantee (p. 110) that a person cannot be compelled to 
be a witness against himself they are excluded. 

ELEMENTARY QUESTIONS 

1. America is a democracy. Why does this mean so much? 

2. What does that phrase bring to mind? 

3. Why did we abolish all titles of nobility? 

4. What is treason? 

5. Why is it limited so carefully? 

ADVANCED QUESTIONS 

A. What was the real purpose of abolishing all titles of nobility? 

B. Why did the founders of the Constitution refuse to permit our 
representatives to accept gifts from abroad? 

C. What acts are treason to-day? 

D. Show how these provisions make for democracy? 

E. Write a paper on the following: 

An Illustration of an Act of Treason During the- World War 
How A Person May Obtain a Responsible Position in Life 
Laws Which Retard Advancement in Life 



XXII 

J-UEY, EXCEPT IN IMPEACHMENT 

CRIMINAL TRIALS, EXCEPT IMPEACHMENT, TO BE BY 
JURY— EQUAL RIGHTS— NO RELIGIOUS 
TEST FOR OFFICE 

There are still three Articles of the Constitution 
containing personal guarantees but the substance of 
these articles has been considered in connection with 
other articles already discussed. They are, — 

" The trial of all Crimes, except in Cases of Impeach- 
ment, shall be by Jury, and such Trial shall be held in 
the State ivhere the said crimes shall have been com- 
mitted; but when not committed within any State, the 
Trial shall be at such Place or Places as the Congress 
may by Law have directed." 1 

"The Citizens of each State shall be entitled to all 
Privileges and Immunities of Citizens in the several 
States." 2 

"No religious Test shall ever be required as a Quali- 
fication to any Office or public Trust under the United 
States."" 

Here again we see emphasized the right of trial by 
jury. I want you to give some thought to this parti- 
cular right, because it applies, not only to cases where 
persons are accused of a crime, but also to nearly all 
cases involving property rights. 

The ordinary lawsuit, where one is suing another 
to recover money or property, or damages, is triable 
to a jury. You understand of course the purpose of a 
trial. As already explained the main thing in every 
trial is to determine the truth as to the points in dis- 

180 



JURY EXCEPT IN IMPEACHMENT 181 

pute, and the truth in such cases under our Constitu- 
tion is determined, not by judges, but by jurors, men 
from the ordinary walks of life, your neighbors, men 
accustomed to dealing with ordinary human affairs. 
This right is important in aiding a person to have the 
truth properly established ; but it is especially import- 
ant, as I have heretofore explained, because it empha- 
sizes the fact that this is a government by the people, 
and that in grave emergencies when life, or liberty, 
or property, is in danger, the representatives of the 
common people, selected from the ranks of the com- 
mon people, shall be the judges. 

Of course I have fully explained to you, and I do 
not wish to have any confusion upon that point, that 
the judges themselves are also representatives of the 
people, because they are elected by the people, or ap- 
pointed by those agents of the people who are elected 
by the people. 

I have intentionally repeated, sometimes over and 
over, rules and reasons, because we must have them 
in our minds so that they will never be forgotten. 

Now as above stated, the citizens of each state are 
guaranteed the right to go to another state, and exer- 
cise in that other state the same rights as the citizens 
of that state. This is in the spirit of America which 
gives us all equal opportunity. A citizen of Massa- 
chusetts going to the State of Minnesota, has the 
same rights in Minnesota as the citizens of Minne- 
sota have. Minnesota could not discriminate against 
him because he was a citizen of another state. Of 
course he could not exercise rights which the citizens 
of Minnesota were not entitled to, but all rights of 
the citizens of Minnesota are guaranteed to him while 
he is in that state. 



182 THE SHOET CONSTITUTION 

Now as to the provision which forever bars any- 
religious test as the qualification for any office, or 
place of public trust under the United States. We 
have already given serious consideration to the great 
fundamental human privilege which the Constitution 
guards, the right to worship God according to the 
dictates of one's conscience. We have already found, 
that regardless of church or creed, each person stands 
before the law equal, in our country. The older you 
grow, the more fully you realize what religion means 
to a great many people in this world, the more fully 
you will appreciate the blessing which came to human- 
ity in these provisions of the Constitution. There are 
some of us who do not belong to any church organiza- 
tion, and yet we are intensly interested, because there 
was a time when every person was compelled by law 
to belong to a church organization, to the state church, 
the state religion. I have already explained that we 
find solemn statutes enacted by the British Parlia- 
ment, as an illustration, which provided for a death 
penalty for those who did not believe in the religion of 
the state. 

There is no religious test which can be made a 
qualification for any office under the United States; 
nor for any office for any state in the union. There 
should be no individual discrimination in voting for 
public officials because of the religion or church to 
which a candidate for office may belong. These are 
sacred, individual rights. Men must be judged by 
their conduct, by their character, by their ability, by 
their capacity to serve the people, and their coun- 
try, not by the religion which one may profess. 

We must cultivate the spirit of charity toward our 
neighbors, charity which means love, which enables 



JURY EXCEPT IN IMPEACHMENT 183 

us to maintain a proper spirit of toleration for those 
who differ from ns in matters of belief. 

NOTES AND COMMENTS 

1. Constitution of the United States. Art. III. Sec. 2. CI. 3. 
Impeachment is the manner of trial fixed by the Constitution 

for the trial and removal of federal officers who are accused of 
treason, bribery and other high crimes and misdemieanors. Con- 
gress alone has the power of conducting an impeachment of 
federal officers. The legislature of a state has the power of 
impeaching state officers. Impeachment, as the word is com- 
monly used, includes both accusation and trial. The "impeach- 
ment" or accusation is brought by a two-thirds vote of the Lower 
House, and the trial and conviction or acquittal is carried on by 
the Upper House. Andrew Johnson, President of the United 
States, was impeached — i. e. he was formally accused, but he was 
acquitted in his trial in the Senate. Conviction in an impeach- 
ment proceeding causes an officer to be removed from office and 
disqualified from ever holding any office of honor or trust under 
the Government again. A person may be convicted and not given 
the full penalty. He may be only removed from office, but not 
disqualified from again holding office. 

It is possible that a crime may be committed on a river that 
forms state boundaries. Where a river forms a boundary the 
middle of the main channel is made the boundary line. It is 
often difficult to determine on which side of the line the crime was 
committed, and both states may then claim to have jurisdiction 
over the case. This must be decided as any other fact in the case. 

The manner of the trial in use, before jury trial was estab- 
lished, was by ordeal or by battle. In trial either by ordeal or 
by battle, the issue was left to God to decide and He was thought 
to perform a miracle to reveal the guilt or innocence of the ac- 
cused person. One form of ordeal was to compel the accused to 
plunge his arm into boiling water and if innocent the Lord 
would protect him from being scalded. Another form of ordeal 
was to compel the accused to walk barefoot over hot plow snares. 
If innocent the Lord would again protect his feet from being 
burned. 

The first form of jury to displace the old ordeal or battle, as a 
means of deciding guilt or innocence, was the "Compurgators" 
or "oath bearers". They comprised a group of men who would 
appear before the court and give oath that the accused was not a 
bad man and committed no crime. They did not investigate the 
accusation, they only testified to the good character of the accused. 
If a man accused could not produce compurgators, he must under- 
go the ordeal. The duty of these oath bearers gradually became 
more extended until they became investigators, and finally be- 
came a grand jury. 

2. Constitution of the United States. Art. IV. Sec. 2. CI. 1. 
"The right of a citizen of one state t o pass through, or 

to reside in, any other state, for purposes of trade, agriculture, 
professional pursuits, or otherwise; to claim the benefit of habeas 



184 THE SHORT CONSTITUTION 

corpus; to institute and maintain actions of any kind in the 
courts of the state; to take, hold and dispose of property, either 
real or personal; and an exemption from higher taxes or imposi- 
tions than are paid by the other citizens of the state; may be 
mentioned as some of the particular privileges and immunities 
of citizens, which are clearly embraced by the description. " Cor- 
field vs. Coryell. Washington C. C. Rep. 380. 

3. Constitution of the United States. Art. 6. CI. 3. 

While no religious test of any kind may ever be required from 
any officer of the United States as a condition of his being elected, 
or holding office, public sentiment nevertheless favors Christian 
character among the people. If a candidate for office were an 
atheist and made public confessions as to his lack of belief in 
God — it would doubtless mitigate against his election. 

"The general principle of equality of all persons before the law 
excludes discriminations made on account of religious belief, 
with the result that religious tests should not be made the basis 
of political rights or for determining qualifications for office or 
in general for the possession, exercise, or protection of civil 
rights." Emlin McClain in Cyclop. Am. Gov. III. 176. 

"This clause was introduced for the double purpose of satisfy- 
ing the scruples of many persons who feel an invincible repugn- 
ance to any religious test or affirmation, and to cut off forever 
every pretence of any alliance between church and state in the 
national government." Story. Const. Sc. 1841. 

ELEMENTARY QUESTIONS 

1 . Does a citizen have the same rights in California that he does 
in New York? 

2. Why is religious belief never made a qualification for office? 

3. What is impeachment? 

4. Are judges representatives of the people? Why? 

5. Can the State of Nebraska enact a law imposing a tax upon 
merchandise shipped into Nebraska from any other State? 

ADVANCED QUESTIONS 

A. What is impeachment? 

B. Describe the manner of trial before trial by jury. Compare the 
justice of the ordeal and wager of battle with the jury system. 

C. Show how these provisions make for democracy. 

D. Why is the spirit of charity necessary in a democracy? 

E . Write a paper on the following : 

The Ordeal 

Wager of Battle 

How Englishmen Won the Right to Trial by Jury 



XXIII 

WRONGS UNDER KING GEORGE 

THE STORY OF THE COLONISTS IN THE DECLARATION 
OF INDEPENDENCE 

When we first read over the numerous guaranties 
of the Constitution protecting the American people 
in their rights, we sometimes wonder why certain pro- 
visions were inserted in the Constitution. Being born 
here in America, never having been compelled to sub- 
mit to the abuse of arbitrary power, and always hav- 
ing lived under the Constitution and always being 
guarded by its provisions against the abuse of power. 
we can hardly understand why it was necessary to 
make so many provisions against things which we can 
hardly imagine ever happened in human government. 

Whenever you have a chance, read something of the 
governments of the world under kings or other abso- 
lute rulers. In fact, we cannot understand the bless- 
ings of our government until we know something of 
what our ancestors were compelled to submit to under 
the governments of the different countries of the world 
a few centuries ago. 

While we have in mind the guaranties of our Consti- 
tution, it is well for us to have clearly in mind some of 
the definite things which the f ramers of the Constitu- 
tion had before them, some of the wrongs which the 
human race had endured at the hands of government 
which the f ramers of the Constitution were determined 
the people of America would never have to endure. 
You can hardly imagine what little regard or con- 

185 



186 THE SHORT CONSTITUTION 

sideration was given to human rights in those old 
days now almost forgotten. I am not going to 
undertake to discuss the problems of government 
in different countries of the world. The purpose 
which I have in mind can be fully served by a 
consideration of government in this country under the 
King of Great Britain during the years preceding the 
Revolutionary War. You understand, of course, that 
even at that time a great advance had been made in 
recognizing certain rights of the people. In fact, I 
think it is generally recognized that England before 
the American Revolution had attained nearer to a 
fairly just government than any other in the world up 
to that time. There had been many periods during its 
history when the people had asserted themselves and 
where they had forced the recognition of certain rights 
by the government — by the king, and yet it was still a 
government by a king. . It was a government under a 
king to which the colonies owed allegiance. It was gov- 
ernment under a king against which the colonies finally 
revolted. It was government under a king which 
brought about the Revolution. It was resistance to 
government under a king which inspired the heroes, 
who won the liberty of the new world. It was the bru- 
tality of a government under a king which inspired the 
framers of the Constitution so carefully to guard 
against the abuses which the world had known before 
liberty had been established on American soil. I will 
not undertake to recite for you the things which the 
people were compelled to endure under this govern- 
ment of a king. I will let the people of the colonies tell 
their story. You remember that in 1776, after the be- 
ginning of the Revolutionary War, the people of the 
colonies adopted the Declaration of Independence 



WRONGS UNDER KING GEORGE 187 

which recites in detail the abuses and wrongs they had 
endured under a government by a king. It is one of the 
most dramatic recitals in history. Let these colonies 
tell their own story. I am not going to read the entire 
Declaration of Independence; I am simply going to 
read the recital therein of the wrongs which came to the 
people, the men, women and children, the human beings, 
who up to that time were compelled to live here in 
America under the government of a king. 

The history of the present King of Great Britain is a history 
of repeated injuries and usurpations, all having in direct object 
the establishment of an absolute Tyranny over these States. To 
prove this, let facts be submitted to a candid world. 

He has refused his Assent to Laws the most wholesome and nec- 
essary for the public good. 

He has forbidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their operation till his 
assent should be obtained, and, when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish the 
right of representation in the legislature — a right inestimable to 
them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, un- 
comfortable, and distant from the repository of their public 
records for the sole purpose of fatiguing them into compliance with 
his measures. 

He has dissolved representative houses repeatedly for opposing, 
with manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause 
others to be elected; whereby the legislative powers, incapable of 
annihilation have returned to the people at large for their exercise; 
the state remaining in the mean time, exposed to all dangers of 
invasion from without, and convulsions within. 

He has endeavored to prevent the population of these states; for 
that purpose obstructing the laws for naturalization of foreigners; 
refusing to pass others to encourage migration hither and raising 
the conditions of new appropriations of lands. 

He has obstructed the administration of justice by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure 
of their offices and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies, with- 
out the consent of our legislatures. 

He has affected to render the military independent of, and sup- 
erior to, civil power. 

He has combined with others to subject us to a jurisdiction for- 



188 THE SHORT CONSTITUTION 

eign to our constitution and unacknowledged by our laws, giving 
his assent to their acts of pretended legislation — 

For quartering large bodies of armed troops among us; 

For protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these 
states; 

For cutting off our trade with all parts of the world; 

For depriving us, in many cases, of the benefits of trial by jury; 

For transporting us beyond seas, to be tried for pretended of- 
fenses ; 

For abolishing the free system of English laws in a neighboring 
province; establishing therein an arbitrary government, and 
enlarging its boundaries, so as to render it at once an example 
and fit instrument for introducing the same absolute rule into these 
colonies. 

For taking away our charters, abolishing our most valuable laws, 
and altering fundamentally the forms of our government. 

For suspending our own legislatures, and declaring us out of 
his protection and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mer- 
cenaries to complete the works of death, desolation and tyranny, 
already begun, with circumstances of cruelty and perfidity scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the 
high seas, to bear arms against their country, to become the 
executioners of their friends and brethren, or to fall themselves by 
their hands. 

He has excited domestic insurrections amongst us, and has en- 
deavored to bring on the inhabitants of our frontiers the merciless 
Indian savages, whose known rule of warfare is an undistinguished 
destruction of all ages, sexes and conditions. 

In every stage of these oppressions we have petitioned for re- 
dress, in the most humble terms; our repeated petitions have been 
answered only by repeated injury. A prince whose character is 
thus marked by every act which may define a tyrant is unfit to 
be a ruler of a free people." 

Now, if there be those who are not satisfied under the 
present government of America, let them reflect. Let 
them compare their rights to-day, with the rights of 
the people subjected to the repeated "injuries and 
usurpations" so eloquently recited by those who 
founded this government, who adopted our Constitu- 
tion which will forever bar any power from exercising 
"a design to reduce them (the people) to absolute 
despotism. ? ' 



WRONGS UNDER KING GEORGE 189 

Read through this catalog of wrongs endured by the 
people of the Colonies. Then read through the guar- 
antees of the Constitution. You will find that in large 
part the guarantees of the Constitution were inspired 
by the wrongs recited by the people when they pro- 
claimed their independence. 2 

I said that this recital was dramatic. It is 
also pathetic. Listen: "In every stage of these op- 
pressions we have petitioned for redress in the most 
humble terms; our repeated petitions have been ans- 
wered only by repeated injury." Is it any wonder 
that the Constitution of the United States should pro- 
vide that ' ' Congress shall make no law . . . abridging 
.... the right .... to petition the Government for a 
redress of grievances?" 

Is it any wonder that we find in the Constitution, 
guarantees of freedom of worship, freedom of speech 
and of the press, guaranty of the right of the people 
to bear arms, of the right of the people to be secure 
in their persons, houses and papers, the right to a 
speedy jury trial when accused of crime, the right to 
a trial in the district where the offense was committed 
instead of being sent beyond the seas? When we read 
of the wrongs endured by the people under the govern- 
ment by a king we can readily understand why the peo- 
ple put into their Constitution a guaranty that a person 
no matter how poor shall have an attorney to defend 
him, shall have his witnesses brought into court at 
government expense, that excessive bail shall not be 
required and cruel and unusual punishments shall not 
be inflicted, that slavery is forever abolished on Amer- 
ican soil, that the property of every person rich or 
poor is sacred and that even the Government of the 
United States can not take it for public use without 



190 THE SHORT CONSTITUTION 

just compensation, that every person shall have equal 
protection of the law, that if wrongfully imprisoned 
he can secure his release by writ of habeas corpus. 
You can readily see that all these guarantees of the 
Constitution and many others which we have been 
studying were intended to give protection to the people 
from wrongs which the people had suffered throughout 
the world under the different forms of government 
existing before America was born. 

From the stirring story by the people in the Declara- 
tion of Independence of the injustice which they had 
to suffer under a tyrant, you, can see how carefully 
future generations of people upon American soil were 
guarded by the Constitution against the wrongs which 
our forefathers had endured. 

NOTES AND COMMENTS 

1. A glance at the motives of Europeans in coming to America 
will reveal the fact that thousands of the best people of European 
countries left their homes to escape either religious or political 
persecution at the hands of the government or the king. Such was 
true of the Huguenots of France, the Pilgrims and Puritans of 
England, and only recently, the Jews of Russia. 

The laws of "attainder" in England in the early times confis- 
cated the property of persons, however innocent they themselves 
might be, if they were near relatives of other persons who had 
committed grave crimes. 

Before the passage of the Habeas Corpus Act of 1679 in England, 
any person of royalty or high official standing in the government, 
could falsely accuse another person of crime and cause that inno- 
cent person to languish in prison for years, or even, for life, 
because he could not get before a court of justice to establish his 
innocence. 

In many European countries the peasants were burdened with 
taxes to support kings and courts without the slightest repre- 
sentation in the tax levying authority. In France, just preceding 
the French Revolution, the peasants were obliged to purchase a 
certain number of barrels of salt each year, without having the 
slightest use for the salt, because the crown lands produced salt 
and the revenues went to the King. 

In many European countries a State Church was established 
and the people obliged to support it by taxes levied against their 
property, regardless of whether it represented their religious be- 
liefs. 



WRONGS UNDER KING GEORGE 191 

The American Revolution was brought on largely because of 
the arbitrary power exercised by George III of England against 
the Amercian colonists who dared to resist the royal authority. 

2. A comparison of the provisions of the Declaration of Inde- 
pendence with those o fthe Constitution, will show the wrongs of 
the English King righted by the Constitution. 

Decl. of Ind. — "He has refused assent to laws the most whole- 
some and necessary for the public good." 

Const, of U. S. "A bill if vetoed by the President shall be 
repassed by two-thirds of the senate and house of representatives." 

Decl. of Ind. — "He has forbidden his governors to pass laws of 
immediate and pressing importance." 

Const, of U. S. — "Congress shall have the power: — 

"To lay and collect taxes, duties, etc." (See Const. Art. I. S. 8.) 

Decl. of Ind. — "He has dissolved representative houses repeatedly, 
.for opposing with manly firmness, his invasions on the rights of 
the people." 

Const, of U. S. — "Congress shall meet at the seat of govern- 
ment — once each year." 

Decl. of Ind. — "He has refused, for a long time after dissolution, 
to cause others to be elected." 

Const, of U. S. — "The time, place and manner of holding elec- 
tions for Senators and Representatives, shall be prescribed in each 
State by the legislature thereof." 

Decl. of Ind. — "He has obstructed the administration of justice." 

Const, of U. S. — Jurisdiction of Courts fixed by Constitution. 
Judges not responsible to the President, but to Congress, which 
represents the people. 

Decl. of Ind. — "He has made judges dependent on his will alone." 

Const, of U. S. — Judges subject to removal only by impeachment 
by Congress. 

Decl. of Ind. — "He has kept standing armies .... without 
consent of the legislature." 

Const, of U. S. — "Congress shall have power to raise and sup- 
port armies." "To provide and maintain a navy." 

Decl. of Ind. — "For transporting us beyond seas to be tried 
for pretended offenses." 

Const, of U. S. — "Such trial shall be held in the state where 
said crime shall have been committed." 

Decl. of Ind. — "For depriving us, in many cases, of the right 
of trial by jury." 

Const, of U. S. — "The trial of all crimes, except in case of 
impeachment, shall be by jury." 

Decl. of Ind. — "For quartering large bodies of armed troops 
among us." 

Const, of U. S. — "No soldier shall in time of peace, be quartered 
in any house without the consent of the owner." 

Decl. of Ind. — "For imposing taxes on us without our consent." 

Const, of U. S. — "Congress shall have power to levy and collect 
taxes." 

ELEMENTARY QUESTIONS 

1. When was the Declaration of Independence signed? 

2. How long did the colonists of America continue under govern- 
ment by a king? 



192 THE SHOET CONSTITUTION 

3. How did it happen to be drawn up? 

4. Compare each sentence of this quotation (page 184) with the 
guaranties that you have discussed in class. 

ADVANCED QUESTIONS 

A . Discuss in detail the reasons for the coming of the American 
colonists. 

B. Discuss in detail the contrasts noted in Note 2. Review the 
previous study with reference to our Declaration of Independ- 
ence. 

C. Write a paper comparing the solution found in the Constitution 
with the grievances noted in the Declaration. 

D. Discuss a method by which this might be brought to the atten- 
tion of the Socialists, Anarchists, and Bolsheviki who are criti- 
cising our government to-day. 



XXIV 

SHALL ANY PART BE REPEALED 

WHAT PROVISION WOULD YOU HAVE TAKEN OUT OF 
THE CONSTITUTION 

We have discussed the main personal guaranties of 
the Constitution. There is a large part of the Consti- 
tution which we have not yet considered. Not because 
I do not regard it as important — it is all important — 
but because the personal guaranties are of the highest 
importance. They constitute a Bill of Rights, a bill 
of individual rights, of your rights and my rights. 
These rights are clearly defined and carefully guarded. 

I heard a man say the other day that the Consti- 
tution ought to be abolished, that it was an obstacle 
to human progress. 1 He did not say why. That is 
the trouble with a lot of people in this world ; they are 
ever ready to destroy, but are never ready to aid in 
building up. Their purpose is destruction, not con- 
struction. You will hear a great deal of complaint 
about the Constitution. I have heard complaint about 
the Constitution. This is our Constitution. We are 
directly interested in defending it against all attacks 
if it is a good thing for us. If it is a bad thing 
we are all interested in having it repealed. And of 
course you now fully understand that the people have 
the power to repeal every line of the Constitution if 
they want to. 2 

So, this morning, I wish to submit to you a fair 
question. What is there in the Constitution that you 
think should be taken out of the Constitution? What is 

193 



194 THE SHORT CONSTITUTION 

there that should be repealed? I do not ask you to 
answer that question now. I want you to think it 
over carefully. Go over each and every word of 
the Constitution carefully. Talk it over with your 
father and your mother. Talk it over with your 
friends, the boys and girls who are studying this sub- 
ject with you, and some day present to your teacher 
or to me, a statement of the part of the Constitution 
that you think ought to be repealed. Of course, to come 
to a just conclusion on this question you must not only 
look at the language of the Constitution but you must 
take into consideration the purpose of each provision 
of the Constitution. That is why we have been study- 
ing the Constitution in detail. That is why we have 
considered in a general way something of the problems 
of the human race under the past governments of the 
world. It is after all a simple question, what is good 
for the people, and what is not good for the people. 
What is good for all the people — not for any special 
class. The Constitution has been in existence, most 
of it, for considerably more than a hundred years. 
During that more than one hundred years what a 
wonderful development there has been in this country, 
development not alone in property and in wealth, 
because after all that is not the main thing, but devel- 
opment in human opportunity! What a wonderful 
expansion there has been of human rights! What a 
splendid example we have had of the maintenance and 
protection of human liberty! What wonderful legis- 
lation has been enacted by the people during those 
years to make life easier for the average man ! 3 

Consider all these things and then frankly say wheth- 
er or not any provision of the Constitution should be 
taken out. In other words, would the repeal of any 



SHALL ANY PART BE REPEALED 195 

single personal guaranty, which we have been consider- 
ing in these lessons, help men, women and children? 
Would it make life easier? Would human liberty be 
better protected? Would the objects of government, 
the right to life, liberty, and the pursuit of happiness, 
be more effective? 

The Constitution is a sacred document, but there 
is nothing more sacred than the right to life and liberty 
and happiness. Therefore, do not hesitate to deal 
fearlessly with the Constitution, but deal with it rev- 
erently. It was intended as an aid to humanity. If 
it does not serve that purpose it should be abolished. 
If any provision of the Constitution is not an aid to 
humanity in America let us repeal that provision. Be 
fearless; be also cautious. Be careful in any change 
to avoid the ills which we have, that we do not invite 
other and more grievous ills that we know not of. 

The American people owe to themselves, to their 
children, and to their country, the solemn duty to give 
earnest consideration to our Constitution. They owe 
the solemn duty, if the Constitution is serving a great 
purpose for the people of America, to defend it against 
all those who may attack. They owe the duty to uphold 
it and to guard it. It is a sacred trust and this trust 
cannot be executed except through intelligence, ear- 
nestness, patriotism and loyalty. 

Therefore, if there be defects in the Constitution, 
pick them out and let us unite in removing them, be- 
cause the cause of humanity is greater than the cause 
of fidelity to any law or constitution ever enacted by 
the people. 

NOTES AND COMMENTS 

1. On December 2, 1917, in New York City, in a meeting of 
men who called themselves Bolshevists and I. W. W.'s, the follow- 



196 THE SHORT CONSTITUTION 

ing paragraph was an introduction to a set of resolutions drawn 
up: — "We are the Bolshevists of America. We denounce govern- 
ments, institution and society; we hail social revolution and the 
destruction of the existing order of things." 

In the preamble to the Constitution of the Independent Workers 
of the World (I. W. W.) we find this statement: "The working 
class and the employing class have nothing in common. Between 
these two classes the struggle must go on, until the workmen of 
the world organize as a class, take possession of the earth and 
the machinery of production, and abolish the wage system. Our 
motto is — The abolition of the wage system" 

How foolish is the above statement that the working class and 
the employing class have nothing in common. The truth of the 
matter is that they have everything in common. Every employer — 
almost without exception — was once a workman. He was a suc- 
cessful workman, therefore he became more than a workman — 
he became an employer. Furthermore, workmen cannot exist with- 
out employment. Neither can employers exist without the work- 
men. They are not only each concerned in the welfare of the other, 
indeed, neither can exist without the other. 

The following is another passage taken from the resolutions 
drawn up by the Bolshevists in which they say the general strike 
is their weapon of defense. "We will strike for a six hour day, 
then for a four hour day, then for a two hour day, with increased 
wages all the time, and then we will be strong enough to take 
everything and work no more." 

We wonder how any sensible man can believe such logic as this. 
Was it not Saint Paul who said that if any man would not work 
neither should he eat. 

The Socialist Party Platform of 1912, declared in favor of — 
the abolition of the United States Senate — the amendment of the 
Constitution of the United States by a majority vote of the people, 
— the election of judges for short terms of office, — the denial of 
the U. S. Supreme Court the power to declare the acts of Congress 
void. 

2. Article V of the Constitution of the United States provides 
for the amendment of that fundamental law of the country. It 
says amendments may be proposed by a bill for amendment being 
introduced into either House of Congress and passing each House 
by a two-thirds vote, or secondly, by the State Legislatures of two- 
thirds of the States demanding Congress to call a national con- 
vention in which amendments may be proposed. Then it provides 
that these proposed amendments may be ratified and made a part 
of the Constitution by being ratified by the Legislatures of three- 
fourths of the States, or secondly, by Conventions called in three- 
fourths of the States. 

3. Some of this good legislation includes: — Child Labor Laws; 
Workmen's Compensation Laws; Industrial Insurance for Work- 
ingmen'; Compulsory Education; Pure Food Laws; Better Sani- 
tary Conditions in Factories; Safety Appliances; Free Medical 
Inspection for School Children; Care of the Poor; etc, etc. 



SHALL AXY PART BE REPEALED 197 

ELEMENTARY QUESTIONS 

1. Why are we interested in the Constitution? 

2. Why should we defend it from all attacks? 

3. In what way can w r e best defend the Constitution? 

4. Why should we wish to modify it? 

5. Just how can the Constitution be modified? 

6. What should be the spirit in which we should enter upon the 
consideration of amendments to the Constitution? 

7. Just what should be the argument for any changes? 

8. Make a list of some of the modifications you think should be 
made. 

9. Arrange a debate on each one of these. 

ADVANCED QUESTIONS 

A. What is the fallacy of the I. W. W. constitution? 

B. How would you meet their argument? 

C. List the standards which should be used to measure the w T orth 
of any suggestion of amendments to the Constitution. 

D. Discuss the process by which former amendments have been 
made. 

E. Write a paper on any amendments which you think should be 
adopted to take anything out of the Constitution. 



XXV 

AMENDING THE CONSTITUTION 

THE POWER OF THE PEOPLE— WHAT PROVISIONS 
SHOULD BE ADDED TO IT 

This morning we are going to apply another test 
to the Constitution of the United States. I have al- 
ready asked you to analyze and study with care the 
Constitution, each provision of the Constitution, to 
see if there be any portion that should be taken out. 
This morning I am going to ask you to study the Con- 
stitution with a view of determining what, if anything, 
you wish added to the Constitution. Do not assume 
that I am imposing a duty which should only be under- 
taken by some learned lawyer or statesman. This 
Constitution is a constitution of the whole people and 
it must be upheld and defended, not alone by lawyers, 
judges, and public officials, but by the people in every 
walk of life, by the children as well as by fathers and 
mothers, by the poor as well as the rich. 1 Therefore, 
I come to you who are children to-day but who in a 
few short years will be making the laws of this country 
through your votes at the ballot box. I ask you to 
decide not only what, if anything, should be taken out 
of the Constitution, but I ask what, if anything, should 
be added to the Constitution ; and again I want you 
to form your own opinions about this after a careful 
study, after conference with your parents and with 
your friends. It is a strange thing that we seldom hear 
any one talking to his neighbor about the Constitution. 
People when they get together talk about all sorts of 

198 



AMENDING THE CONSTITUTION 199 

things, serious and frivolous, but you seldom hear them 
discussing the most grave problem in human life, 
which is human government. Do not be afraid to take 
up the subject with your friends. Do not be afraid to 
discuss with your friends some provision of the Con- 
stitution. You are having a special advantage in being 
able to study the Constitution while many of your 
neighbors never had such opportunity. 2 

What can we add to the Constitution which will make 
it more effective as an instrument in the protection of 
life, liberty and property for us here in America? 

Remember, we the American people can add any- 
thing to the Constitution that we wish. Nineteen a- 
mendments to the Constitution have been already 
adopted by the people. Do not feel discouraged because 
it takes a little time to secure the adoption of an amend- 
ment. The Constitution should not be amended hastily, 
but only after grave thought and earnest consideration. 

If we can only think of something to add to the 
Constitution which would be a good thing for the whole 
people of America, I will guarantee that we will have 
no difficulty in having it added to the Constitution, 
Of course it will take earnest effort, but shaping the 
destiny of more than 105,000,000 people is a grave 
matter. The Constitution is the protection of the rights 
of each individual and therefore any change in the 
Constitution merits most earnest consideration upon 
the part of each one of us. 

Think it over and advise me some day or inform your 
teacher, of anything that you can think of which, if 
added to the Constitution, would improve this nation 
as a country in which the people rule, anything which 
would make the rule of the people more complete. 
That is the big thing after all — the rule of the people, 



200 THE SHORT CONSTITUTION 

because when the people can rule themselves, they 
ought to get out of life everything which they are 
entitled to by their individual merits, ability and effort. 
Always keep in mind that there is no way by which a 
government of the people and by the people can equal- 
ize opportunity for those who will not seek the ad- 
vantages which are open to them. No constitution, 
and no law can equalize industry and idleness. No 
scheme of government can provide bread for those who 
will not toil. It is impossible that human happiness can 
be guaranteed to those whose lives are spent in wick- 
edness and wrong doing. 

So, my friends, after due thought and deliberation, 
prepare your amendments to the Constitution of your 
country. Do not hesitate because you may think that 
you cannot put them in proper form. The form is not 
important; the idea is the great thing. Perhaps it 
may be that out of the mind, and out of the heart of 
some pupil in this school, may come some day a great 
idea which, incorporated into the Constitution or the 
law, may bring added blessings to the American people, 
I know of no power on earth which can tie the hands 
of the American people in any effort toward enlarging 
the powers of the people, which will better guard life 
and liberty. We have seen how many safeguards were 
adopted by the framers of the Constitution to protect 
each and everyone of us against the abuse of power 
by the government maintained by the people. We have 
seen how earnestly the framers of the Constitution 
guarded each individual against wrongful conduct on 
the part of any servant of the people in any official 
position. Perhaps some one in this class may discover 
an additional guaranty which ivould be helpful. If so, 
duty demands that the same shall be made part of the 



AMENDING THE CONSTITUTION 201 

fundamental law of our country, the Constitution of 
the United States. 

As you read of America, as you think of its Constitu- 
tion and laws, don't you feel a sense of power, a sense 
of pride ? 

If Mr. Allen who owns the big department store 
on Main Street were to come here some morning and 
make each one of you a gift of an interest in his store, 
if he should make you partners with him in his entire 
business, you would feel grateful and proud. What an 
intense interest you would take in the store and all 
the details. You would talk about it at home, to your 
neighbors and friends. Each of you would begin to 
study the business. You would take pleasure in read- 
ing about merchandise, prices and busines methods. 

"Well, we are all partners in this great nation. Lib- 
erty is more valuable than merchandise or profits. 
If someone stronger than you should undertake to 
take away your liberty, you would fight for it and die 
for it if necessary. 

Being partners in America, won't you study Amer- 
ica? Won't you talk about the blessings of America 
at home and to your neighbors? Won't you study the 
problems of America so that each succeeding year it 
can pay greater profits in freedom and justice and 
righteousness? 

NOTES AND COMMENTS 

1. If you read carefully the fifth amendment to the Constitu- 
tion of the United States, you will learn that the Constitution may 
be amended either by the people's representatives who sit in Cong- 
ress, and in state legislatures, or by the people in the states de- 
manding that a National Convention shall be called in which the 
people may choose the members. Whichever method of amending 
the Constitution is used, it is the people who exercise the power of 
changing the Constitution, 

2. Every teacher in every public school ought to feel in duty 



202 THE SHORT CONSTITUTION 

bound to teach the fundamental principles of the Constitution to 
all the children in the school. A recitation period ought to be set 
aside each day for the study of civics of the community, of the 
locality, of the State and of the United States. Every pupil in 
every public school ought to feel proud of the opportunity to learn 
how his government is made and how his government works, — how 
he may become a helpful citizen by being an intelligent voter when 
he comes to be a man. Adult people ought to organize civic clubs 
in the community for the discussion and study of questions of 
government and politics. 

3. The following suggestions have been made by good honest 
people who have their country's welfare at heart. Thus far the 
people as a whole have not advocated their adoption, but some of 
them may be made part of the Constitution in time to come. 

a. The direct popular election of President and Vice-President 
of the United States. 

b. The adoption of the Initiative, Referendum, and Recall in 
the National Government. 

c. Federal legislation governing both marriage and divorce 
throughout the nation. 

d. Federal jurisdiction over all cases affecting foreigners — 
for example in instances like the Italian riot in New Orleans, or 
in the Japanese problem on the Pacific coast. 

ELEMENTARY QUESTIONS 

1. What do your parents say about changes in our Constitution? 

2. How would you advise them to act? 

3. Can you tell them how changes in our Constitution can be 
made? 

4. Why is it necessary that each one of us take a personal inter- 
est in OUR Constitution? 

ADVANCED QUESTIONS 

A. How would you meet the argument of the radical who wants 
a revolution? 

B. How would you show others that we have a great partnership 
in America? 

C. What two ways are possible for constitutional amendments? 

D . List a series of additions that you think should be made to the 
Constitution. 

E. Write a paper upon some one amendment to our Constitution 
that you believe to be worthy of adoption. 



XXVI 

MACHINERY OF THE GOVERNMENT 

THE AGENCIES, OFFICERS AND METHODS FOR EXERCIS- 
ING POWERS OF THE NATIONAL GOVERNMENT 

Now my friends, we have reached the end of discus- 
sion of the personal guaranties of the Constitution — 
the American Bill of Rights. 

As I have heretofore stated, this is the real, import- 
ant part of the Constitution, because it is in a study of 
these guaranties that we fully realize what our bless- 
ings of free American government. Any one who has 
earnestly considered this great American Bill of 
Rights can readily anwer the question "What has 
America done for me and for my children ?" 

But I would not have you feel that the other parts of 
the Constitution are of small concern. Each provision 
of this great charter of human rights is very import- 
ant, and worthy of careful study. 

Article I of the Constitution provides that all legis- 
lative powers granted " shall be vested in a Congress 
of the United States, which shall consist of a Senate 
and House of Representatives/' Now you will under- 
stand of course that up to the time the Constitution was 
adopted, the United States had no power ; in fact there 
was no United States. The colonists through the 
Articles of Confederation had attempted to establish 
a nation which was designated ' ' The United States of 
America," but the result of their efforts was really a 
confederation, and not a real union. The Nation was 
formed by the adoption of the Constitution. The Na- 

203 



204 THE SHORT CONSTITUTION 

tion formed was in the nature of a partnership. I sup- 
pose you know but little about partnerships organized 
by individuals. A partnership is generally formed by 
a written agreement signed by the partners. This 
agfireement usually contains provisions as to the share 
of interest of each partner, the power of the partners 
and ofthe partnership, and the objects and purposes of 
the partnership. 

The United States is a partnership between the peo- 
ple and the Nation. The Constitution is a partnership 
agreement binding upon all the parties to the agree- 
ment. Before the adoption of the Constitution the 
people possessed all the power of government and 
governmental action. The people gave some of their 
power to the Nation, but only a small part of the power 
of the people was given. Always bear in mind that the 
United States — the Nation — has no power, and never 
had any power except what the people granted in the 
Constitution and in the amendments thereto. 

You will see in Section 8 of Article I the specific pow- 
ers granted by the people. These include the follow- 
ing powers : lay and collect taxes ; pay debts ; provide 
for defense and for the general welfare; borrow 
money; regulate commerce among the States and with 
foreign nations ; provide for naturalization and uni- 
form rules of bankruptcy; coin money, regulate the 
value thereof, and fix the standard of weights and 
measures; punish counterfeiting; establish post offices 
and post roads ; protect authors and inventors by copy- 
right and patents; establish courts; punish piracies 
and felonies on the high seas ; declare war, raise, and 
support armies ; provide and maintain a navy; provide 
for organizing armies, for disciplining the militia, and 
for calling them to serve in certain emergencies ; exer- 



MACHINERY OF GOVERNMENT 205 

cise exclusive power of legislation "over such District 
(not exceeding ten miles square) as may, by Cession of 
particular States, and the acceptance of Congress, be- 
come the Seat of the Government of the United 
States"; make all laws necessary and proper for car- 
rying into execution the foregoing powers "and all 
other Powers vested by this Constitution in the Gov- 
ernment of the United States, or in any Department 
or Officer thereof. ' ' 

So you see large powers were granted by the people 
to the new Nation. 

However, the people were very careful. Nearly ev- 
ery government in the world, before the organization 
of the United States, had at times proven false to the 
people. Many governments were false to the people 
all the time. Indignities and abuses were often heaped 
upon helpless men, women, and children. Govern- 
ments were more often maintained to serve royalty or 
aristocracy than to protect the rights and liberties of 
the common people. Therefore when it came to or- 
ganizing this new Nation, the people were careful to 
guard against the abuses of the past. Thus they not 
only specified definitely the powers conferred upon the 
United States, but (Sections 9 and 10 of Article I) 
positively stated certain things which the United 
States could not do. 

The people also were suspicious. The experience of 
the human race with governments justified this sus- 
picion. When the Constitution was submitted to the 
people, many protested that the individual liberties of 
the people were not sufficiently guarded ; and before the 
people consented to ratify the Constitution, it was 
necessary that they should be given assurance that 
upon the ratification of the Constitution, amendments 



206 THE SHORT CONSTITUTION 

would be proposed and submitted to the people, ex- 
pressing clearly the guaranties given to the people 
against improper exercise of power by the National 
government and especially protecting the liberty of all 
the people. These amendments, which constitute the 
Great American Bill of Eights were proposed by Con- 
gress in 1789 and were ratified by the States in 1791. 

Now let us get the foregoing brief summary fixed in 
our minds. 

The Constitution is a partnership agreement be- 
tween the people and the Nation in which the people 
(1) grant to the Nation certain specific powers; (2) 
restrain the Nation from exercising powers not 
granted; and (3) in many particulars direct the man- 
ner in which the powers granted shall be exercised. 
The Constitution also provides for what may be termed 
the "machinery of government. ' ' It separates the 
powers of government into three divisions : the legis- 
lative, the executive, and the judicial. It then provides 
for the officers (the agents or servants of the people), 
who shall exercise the powers of each department, and 
prescribes certain qualifications for such officers 
the methods of their selection, and how long the terms 
of such officers shall continue. 

In Article I we find certain qualifications for Sen- 
ators and Representatives — the length of their term of 
service. Senators are elected for six years, Represen- 
tatives for two years. There are also certain pro- 
visions as to their election, the organization of the 
Senate and House, to some extent the method of pro- 
cedure, and direction as to the exercise of certain pow- 
ers. 

Article II of the Constitution fixes certain qualifica- 
tions for President of the United States, the executive 



MACHINERY OF GOVERNMENT 207 

head of the Nation ; provides the manner of the election 
of the President and the Vice President, confers cer- 
tain powers and duties, provides that the term of office 
of President and Vice President shall be four years, 
and designates the causes for which they may be re- 
moved by impeachment. 

Article III of the Constitution provides for courts 
and judges, and fixes their jurisdiction — their power — 
and gives direction as to trial and penalty in certain 
cases. 

Thus we find that the Constitution guarantees a Na- 
tional government (a republican form of govern- 
ment), confers certain powers, formerly held by the 
people, provides an executive to enforce the powers 
granted, a legislative body to make laws under which 
the powers may be exercised, and establishes courts to 
construe and apply the laws enacted, to the end that 
human rights and liberties shall be protected. 

Let us carry in our minds this picture of the people 
of the colonies, who through generations had struggled 
with royalty to secure the blessings and liberties for 
which they had come to the New World. In the local 
government of the colonies much had been done to ap- 
ply the principles of liberty, but in their relation to the 
mother country they had endured abuses and suffer- 
ings, which finally in 1776 found expression in the Dec- 
laration of Independence. 

In an effort to unite their strength they had formed 
a federation of the thirteen States, but their dreams 
of a free country were not realized until in the Consti- 
tution they had formed that "more perfect Union' ' 
which was created to "establish Justice, insure domes- 
tic Tranquility, provide for the common defence, pro- 
mote the general Welfare, and secure the Blessings of 
Liberty to ourselves and our Posterity.' ' 



208 THE SHOET CONSTITUTION 

Now let us bear in mind that the people reserved 
much of their power, which under the plan of govern- 
ment adopted, was to be used in their respective States 
under Contitutions and laws expressing the will of the 
people with relation to their domestic affairs. At our 
next meeting, we shall consider briefly something of 
the Constitutions of the States, where they come from, 
and the wonderful purpose they serve in carrying out 
the scheme of the people in actual self government. 

NOTES AND COMMENTS 

1. The following is a brief outline of the various attempts at 
union among the colonies. 

1. 1643-1684 — New England Confederation: Massachusetts Bay; 
Plymouth; Connecticut; New Haven. 

2. 1684— Albany Council. 

3. 1690 — First Colonial Congress. 

4. 1696— William Penn's Plan. 

5. 1701 — Robert Livingston's Plan. 

6. 1722— Plan of Daniel Cox. 

7. 1754— Plan of Rev. Mr. Peters. 

8. 1754— Plan of the Lords of Trade. 

9. 1754— Albany Plan. 

10. 1765 — Stamp Act Congress. 

11. 1774 — First Continental Congress. 

12. 1775-^-Second Continental Congress. 

13. 1781 — Congress of the Confederation. 

14. 1787— The Federal Convention. 

15. 1789 — The New Government. 

The chief reasons keeping the colonies apart were: 

1. Natural geographical divisions — North, Middle, and South. 

2. The great differences in size — Virginia many times larger 

than R. I. 

3. The instinct of local self-government. 

4. Character of settlers and the motives in making settlements. 

5. The slave question, especially after 1750. 

7. Their different forms of government — Royal, Proprietary, 
Charter. 
The very first attempt at constitution making in the colonies was 
the Mayflower Compact, adopted on board the ship Mayflower 
before landing on December 20, 1620. It reads as follows: "We, 
whose names are underwritten, the loyal subjects of our dred 
soveraigne King James, by the grace of God, of Great Britain, 
France and Ireland King, defender of the faith, etc. having under- 
taken, for the glory of God, and advancement of Christian faith 
and honor of our king and country, a voyage to plant the first 
colony in northern parts of Virginia, do, by these presents, solemn- 
ly and mutually, in the presence of God, and of one another, 
covenant and combine ourselves together into a civil body politic, 
for, our better ordering and preservation and furtherance of the 



MACHINERY OF GOVERNMENT 209 

ends aforesaid; and, by virtue hereof, to enact constitute, and 
frame, such just and equal laws, ordinances, acts, constitutions 
and offices, from time to time, as shall be thought most meet and 
convenient for the general good of the colony. Unto which we 
promise all due submission and obedience. In witness whereof 
we have hereunder subscribed our names, at Cape Cod, the 
11th of November, in the year of the reign of our sovereign lord, 
King James, of England, France and Ireland the eighteenth, and 
of Scotland the fifty-fourth, Anno Domini. " 

The first real attempt at formal constitution making was the 
"Fundamental Orders of Connecticut", 1639. These "Orders" 
formed an elementary constitution with three departments of gov- 
ernment and the duties and powers of each department fairly well 
set forth. The Fundamental Orders are frequently referred to as 
the first written constitution in America. 

The Articles of Confederation were made by the thirteen States 
in the name of the States. The Constitution was made by the dele- 
gates of the people in the name of the people of the United States. 
The first was a compact or friendly agreement; the second was a 
contract or binding union. 

ELEMENTARY QUESTIONS 

1. Why are the individual guaranties of the Constitution so im- 
portant? 

2. What is meant by legislative power? 

3. In whom is the legislative power of the United States vested? 

4. When and how was the Nation formed? 

5. What is a partnership? How is it usually formed? 

6. From whom did the United States obtain its power? 

7. State the terms of service of: (a) the President, (b) Senators, 
(c) Representatives, (d) the Vice President? 

ADVANCED QUESTIONS 

A . Tell some of the powers conferred by the people upon the 
United States. 

B. Into what departments does the Constitution separate the 
powers of government? 

C. At the time of the adoption of the Constitution, why were the 
people suspicious? 

D. Name some officers now in service of the National govern- 
ment: (a) in the executive department, (b) in the legislative 
department, (c) in the judicial department. 

E. Write a statement of the attitude of the people of the States 
when the Constitution was submitted to them for ratification, 
what was the subject of public discussion, what parties were 
formed, and what was done to secure the consent of the people 
to ratify the Constitution? 

F. Write in 100 words or less a summary of what the United 
States Constitution is. 



XXVII 

STATE CONSTITUTIONS 

THE GRANT AND LIMITATION OF POWER EXPRESSED 
BY THE PEOPLE IN THE CONSTITUTIONS 
OF THE STATES 

Every human organization had a beginning. This 
is a large city in which we now live, but there was a 
time within the memory of men still living, when there 
was nothing here but an unbroken prairie. A log 
cabin was the first building where the city now stands - 
Then came the cultivated fields. A flour mill was 
erected down on the river bank, then a blacksmith shop, 
a store, a livery stable, some modest dwellings, then 
a school house, and a church. Thus came the little 
village which through the years has slowly grown into 
the present city. 

Thus came all the cities, and thus came the States. 
There was a time not so long ago when there were no 
white people within what is now the borders of our 
State. There was the "first white settler, " the first 
cultivated patch of ground, the first log house, the lit- 
tle settlements, the lonely log cabins in between, and 
then the State. 

Thus were the thirteen colonies founded, and thus 
were founded the thirty-five States which have been ad- 
mitted to the Union since the adoption of the Consti- 
tution. 

Every human organization with any degree of per- 
manence has something in the nature of a constitution. 
It may be in writing, it may be oral, or it may rest in 
a mutual understanding expressed only by acts and 

210 



STATE CONSTITUTIONS 211 

conduct. It may be manifest from customs which have 
been observed by all the members of the group. 

The proud boast of America is that it was the first 
Nation in the world which adopted a complete written 
Constitution binding upon the Nation and upon the 
people, a Constitution which provides for courts with 
the power of restraining the Nation and the individual 
from acts or conduct which violate its provisions, de- 
signed to guard human rights. 

Until the Declaration of Independence in 1776, the 
colonies in their joint efforts for liberty and justice, 
were called the "United Colonies;" but after inde- 
pendence was proclaimed, this title gave place to that 
of "The United States." Thereupon eleven of the 
thirteen States adopted Constitutions. In two States — 
Connecticut and Rhode Island — by an act of the legis- 
lature, the existing charters were continued in force 
so far as consistent with independence. These Consti- 
tutions all came into being before the adoption of the 
Constitution of the United States. Of course they 
were far from perfect, and all have been amended from 
time to time; so that now the Constitution of each 
State provides a truly American system of government. 

Nothing in the Constitution of the United States re- 
quires that each State shall have a written Constitu- 
tion, but the wonderful achievement of the people in 
creating the Constitution of the United States has been 
a guide and inspiration to the people of each of the 
States, and each State has adopted a written State 
Constitution, following the method and spirit of the 
colonists in the long ago, drafting the Constitution in a 
convention of delegates and ratifying it by another 
special convention or by vote of all the people. 

Then as each new State was admitted to the Union, a 



212 THE SHORT CONSTITUTION 

Constitution was adopted. 2 By the Constitution of the 
United States, Congress has the power to admit new 
States, thus by implication controlling the subject mat- 
ter of the original Constitution of each State admitted. 

It is not my intention to consider in detail the Con- 
stitutions of the various States. This is not essential 
to the purpose which I have in talking to you. I am 
very anxious that you shall realize that each State is a 
separate sovereignty; that when the people created the 
United States, and adopted the Constitution of the 
United States, they gave to the United States limited 
power ; that the plan of government contemplated that 
each State should have its own Constitution ; and that 
in each State the people should enact their own laws 
governing the conduct of the people in their respective 
States. 

An examination of the Constitutions of all the States 
will show how carefully the people of each State incor- 
porated in their State Constitution the great prin- 
ciples of government, and the guaranties of liberty 
which were so carefully provided in the Constitution of 
the United States. 

Different language is used in the different State 
Constitutions, but in each it will be found that the gov- 
ernment of the State, as of the United States, is divided 
into three departments — the executive, the legislative, 
and the judicial ; that the executive power in the States 
is vested in a Governor ; that the legislative power rests 
in what is usually termed a "General Assembly" con- 
sisting of a Senate and a House of Representatives, 
modeled after the Congress of the United States ; that 
the judicial power is to be exercised by courts — a Su- 
preme Court and other courts designated as District 



STATE CONSTITUTIONS 213 

Courts, Circuit Courts, and many other titles, vary- 
ing in different States. 

Public officers, servants of the people, are provided 
for, and usually their selection is by vote of the people 
at general elections for which provision is made. 

The really important thing in the State Constitu- 
tions, as well as in the Constitution of the United 
States, is the Bill of Rights specifically guarding the 
natural rights and liberties of the people. 

The guaranties in the State Constitutions are not all 
uniform, but as a general thing you will find that each 
State has incorporated in its Constitution those sacred 
guaranties which in the Constitution of the United 
States form the real foundation and protection of hu- 
man liberty. 

Always bear in mind that the Constitution in each 
State, as in the Nation, is an instrument of funda- 
mental law, or body of laws, which prescribes the form 
of government, fixes the different departments of gov- 
ernment, provides the agencies of government, and de- 
clares and guarantees the rights and liberties of the 
people. 3 

The Constitution of the United States is the Su- 
preme law of the land, and the Constitution of each 
State is the supreme law of the State. These Consti- 
tutions must be respected, and must be obeyed; and 
any law enacted by the legislature of a State or by the 
Congress of the United States which is contrary to the 
provisions of the Constitution is null and void. 

By the Constitution the people of a State proclaim 
and establish their power superior to the power of the 
legislature of the State or any officer of the State. The 
power expressed in the Constitution is the power of the 
people. They have, by their solemn document — the 



214 THE SHORT CONSTITUTION 

Constitution — established certain rules, regulations, 
principles, and guaranties, which cannot be changed 
by ordinary legislation. 4 Of course the people can 
change and modify the Constitution of State or Nation. 
Every Constitution provides some method of amend- 
ment. Some states provide for a constitutional conven- 
tions from time to time, where the people through their 
representatives selected for such a purpose assemble to 
consider the question of change or modification. In 
other States the legislature may propose amendments 
which must be submitted to the people for their ap- 
proval. In all States some procedure is provided 
which requires careful deliberation and consideration 
by the people before the Constitution is changed. 5 

Now it is very important that every citizen shall 
have a knowledge of the Constitution of his State. It 
is of the highest importance that every man, woman, 
and child shall know and feel the solicitude, the care, 
which has been exercised in the framing of the Consti- 
tution to guard individual rights. 

As I have heretofore explained, the purpose of gov- 
ernment is to guard human rights and human liberty. 
This is true of the government of the United States, 
and it is true of the government of each State. Always 
keep in mind that in this country, what we call "the 
government" is merely an agency of the people — an 
expression of the power of the people in a defined way, 
agreed upon by them, through which they protect them- 
selves against wrong by the agencies of government 
which they have created, and against wrong by others 
— their neighbors. 

Inspiring indeed is it to contemplate the spirit in 
which the founders of the American Nation and of the 
States of America studied the methods by which hu- 



STATE CONSTITUTIONS 215 

man rights should be protected. They were unselfish ; 
they were in the highest degree inspired by a holy 
purpose to guard the people of America against the 
wrongs, the abuses, the cruelty which their ancestors 
in the past had suffered ; and to accomplish their pur- 
pose they exercised the greatest care to maintain the 
power of government in the people themselves — the 
power to make laws and to enforce them. 

I suppose it may be said that the highest achieve- 
ment of the American people in creating a National 
government and the governments of the States is ex- 
pressed in the words of Lincoln when he proclaimed 
this to be " a government by the people. ' ' 

NOTES AND COMMENTS 

1. Great modifications have been made in nearly all of the 
State Constitutions, an excellent analysis of which may be found 
in Bryce's American Commonwealth (Third Edition), Vol. I, p. 
443. 

2. Since the alliance of the original thirteen States, thirty-five 
have been admitted into the Union by acts of Congress either 
directing the people to select delegates and enact a Constitution or 
accepting a Constitution already made by the people. An illustra- 
tion of the former method of procedure is offered in 25 U. S. St. 
at L. 676 c 180., providing for the admission of North Dakota, 
South Dakota, Montana, and Washington into the Union, and of 
the latter in 26 U. S. St. at L. 215 c 656; 222 c 664, providing for 
the admission of Idaho and Wyoming. "Of these instruments 
(State Constitutions), therefore, no less than of the Constitutions 
of the thirteen original States, we may say that although subse- 
quent in date to the Federal Constitution, they are, so far as each 
state is concerned de jure prior to it. Their authority over their 
own citizens is nowise derived from it". — Bryce's American Com- 
monwealth (Third Edition), Vol. I, p. 431. 

3. "A constitution is an instrument of government, made and 
adopted by the people for practical purposes, connected with the 
common business and wants of human life. For this reason pre- 
eminently every word in it should be expounded in its plain, ob- 
vious and common sense". Per Allen J., in Peo. v. New York Cent. 
R. Co. 24 N. Y. 485, 486. 

4. Legislatures cannot change Constitutions. "I consider the 
people of this country as the only sovereign power. I consider the 
legislature as not sovereign, but subordinate; they are subordinate 
to the great constitutional charter, which the people have estab- 
lished as a fundamental law and which alone has given existence 



216 THE SHORT CONSTITUTION 

and authority to the legislature". Per Roane, J. in Kanper v. 
Hawkins, 1 Va. Cas. 20, 36. 

5. "Some of the state constitutions provide for periodically sub- 
mitting to the voters the question whether a convention shall be 
called to revise and amend the constitution. Regardless of wheth- 
er or not provision is made for periodical resubmission of the 
question of calling a convention, the constitutions usually provide 
that the legislature may, of its own volition, submit to a vote of 
the people the question whether a convention shall be called, and 
subject to any existing constitutional limitations, may prescribe 
the time and manner of electing delegates to such convention." 

ELEMENTARY QUESTIONS 

1. What is a village? 

2. What is a State? 

3. When were the colonies first called States? 

4. What States adopted Constitutions before the adoption and 
ratification of the Constitution of the United States? 

5. Can the people of the State of New York enact a law punish- 
ing a person for coining silver dollars? Why? 

6. Can Congress pass a law fixing the punishment of a person 
for stealing a horse in the State of Michigan? 

7. When was the State in which we live admitted to the Union? 

8. Who framed the Constitution of this State? 

ADVANCED QUESTIONS 

A. What is a constitution? 

B. Explain fully how a Constitution of a State comes into being? 

C. Must a constitution be in writing? If not, what may be its 
form? 

D. State how the Constitution of the United States may be 
amended? 

E. In what way may the Constitution of a State be amended? 

F . Write briefly telling the advantages of a written constitution. 

G. State in writing the power of the courts in exercising their 
power and duty of defending the Constitution. Give an 
illustration. 

H. Write an explanation of the power and influence of the Consti- 
tuition of the United States in guiding the people in framing 
the Constitutions of their States, and in what things the Con- 
stitutions of the States follow the Constitution of the United 
States. 



XXVIII 

THE SUFFRAGE 

THE SIGNIFICANCE OF THE NINETEENTH AMENDMENT 
TO THE CONSTITUTION 

This meeting was at night. Some of the parents 
who had attended the talks from time to time had re- 
quested that the last meeting be held at night so that 
some of the busy fathers and mothers might come. 
The assembly room was crowded, and although extra 
chairs had been placed in the aisles, there were a 
number of people standing. The principal said that 
it was the largest crowd that he had ever seen in the 
room. 1 

First everybody arose and sang "The Star Spangled 
Banner," and when the meeting closed, the audience 
joined in singing, "America." 2 The judge was greeted 
with loud applause. He said: 

I am happy to-night. This meeting is an inspira- 
tion. It is a real community meeting, a real American 
meeting. If meetings like this were held once each week 
or once every two weeks in every school building in 
the United States I should not fear socialism or bolshe- 
vism or anarchy. Such ideas cannot live in a commun- 
ity where the people really know each other. There 
are no class lines here to-night. You are too close to- 
gether. I see a banker over there whom I have known 
for thirty years. He was brought up in this city, at- 
tended this school, and has spent his whole life here. 
His success in life came to him among old friends in 
the community where he was born. Near him I see 

217 



218 THE SHORT CONSTITUTION 

a bricklayer. I have known him and respected him 
since boyhood. We played on the same baseball team 
when we were both younger and could run faster than 
we can now. He went to the Washington school. The 
children of these men are in this school now. In a 
few years they will be grown men and women doing* 
the work that we shall have to give up soon. 3 

So with most of the people in this room to-night 
They were born here, went to school here and they have 
worked here all their lives. Some followed one occu- 
pation, some another. This was a matter of their own 
choice. Their children are now growing up, as they 
once grew up. Soon they will be selecting their life 
work. Soon they will be voting and performing other 
duties of citizenship. Soon, you and I, fathers and 
mothers will pass off the stage of life. Soon we shall 
be forgotten by all except the few who compose the 
family circle, who love us notwithstanding our faults. 

For a few weeks I have been acting as teacher* 
I have been trying hard to bring into the minds and 
hearts of the pupils in this school something of the 
sacredness of human liberty; something of the cost of 
American liberty, the sacrifices, the struggles, the 
bloodshed, the heartaches and heartbreaks which finally 
triumphed when our Constitution was adopted. I have 
endeavored to explain that the Constitution is not a 
mere skeleton or framework, defining the relation of 
the nation and the states, providing for the election of 
officers to carry out the plans of the national govern- 
ment. I have repeatedly told the great truth that in 
America there is more of freedom, justice, charity, 
and kindness than in any other nation in the world. I 
have pointed out that in America we have in our Con- 
stitution written guarantees of life, liberty and prop- 



THE SUFFRAGE 219 

erty rights such as no other nation in the history of the 
world ever had. We have found that this is a govern- 
ment by the people, that the people rule, that the few 
cannot rule unless the many refuse to perform their 
duties as citizens of this great republic. Oh ! if we can 
only put in the hearts of the American people a realiza- 
tion of the power and the duty of the people! 

To-night I wish to present briefly something of the 
manner in which the people express their power, the 
method by which the people disclose their wishes in 
public affairs. The Star Baseball Club, the Irving 
Literary Society, the City Teachers Association, the 
Woman's Club, the Charity Guild, these are all mere 
organizations of people. That is all that America 
is. These organizations have written constitutions. 
So has America. These organizations must have laws 
or rules of conduct, aside from their constitutions. 
So must America. These societies must have a policy 
and transact business. So much America. In adopt- 
ing laws or rules of conduct these societies secure an 
expression of the wishes of their members. These 
wishes are generally expressed by their votes, some- 
times by ballot and sometimes orally in a meeting. 

America secures an expression of the wishes of the 
people by their votes. The votes of the people either in 
writing or printed are cast on election days fixed by 
laws enacted through the vote of the people. In no other 
way can the wishes of the people be made known. It 
is through the ballot that the people exercise their 
powers. It is through the ballot that America is gov- 
erned. 4 

I wonder if the people of America generally realize 
what a wonderful thing it is that a government as large 
as ours must depend entirely upon the wishes of the 



220 THE SHOKT CONSTITUTION 

people expressed by their vote on election day. I won- 
der if they realize that in this way the people rule. On 
election day we see something of the equality of the 
people. If you go near the polling place, you will 
see the president of the bank, perhaps, or the president 
of the railroad walking side by side with the hod- 
carrier or the brakeman on the train. In the voting 
booth each has the same power in helping to shape the 
destiny of their country. 

In a way this is a new method of government. Only 
in a country where there is a government by the people 
do we find such a thing as the right of all men regard- 
less of property, race or creed to exercise the same 
power in the ballot box. 5 

From the beginning America has led in granting 
right of suffrage, the right to vote. In the early days 
in some of the states a man had to own a certain amount 
of property before he could vote, but this has not been 
true for more than fifty years. Now a new day has 
come. After a struggle for generations, the right to 
vote has been conferred upon all female citizens, re- 
gardless of property, social position, religion or race. 
It has been a long struggle and now, that victory has 
been won for equal suffrage, is there anyone who 
will still contend that in this country the people do not 
rule? 6 

Who has conferred this great privilege upon the 
women of America? The voters of America decided 
that every state should grant this privilege. 

The amendment to the Constitution is : 

"The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or 
by any State on account of sex." 

The people did not vote directly upon this constitu- 



THE SUFFRAGE 221 

tional amendment, but they voted for the Members of 
Congress and the Members of the Senate who voted 
for the amendment, and they voted for the members of 
the legislature of the different states who ratified the 
amendment. Thus the responsibility rests with the 
people. This is true of course as to nearly all the laws 
enacted by state and nation — the people do not vote 
directly upon them, but they select their agents, who, 
under the law, are authorized to act for them. 

Under this amendment we have the written guaran- 
tee in the Constitution that so far as men and women 
are concerned they shall have equal rights to vote. 7 

Perhaps you were not in favor of woman suffrage. 
Many good men and women were opposed to it. Many 
are still opposed to it. This is a good illustration of 
the way we do things in a democracy. We have differ- 
ent temperaments, different dispositions. "We are 
reared in different surroundings. We have different 
interests. We look at life in different ways. Each 
of us has a right to his opinion and each of us has the 
right to express it by our vote. When we finally vote, 
a decision is made. If we belong to the majority, we 
find that our wish is carried out. If we are in the 
minority, we cheerfully follow what the majority of 
the people, what most of the people in America desire. 

The thing that I wish to impress to-night is that to 
vote on election day is not only a right, it is a duty. 
Whether we were for woman suffrage or not it has 
come. It is settled. It brings into power twenty-seven 
million new voters. Each of these women, whether she 
desires it or not, must assume this new share of the res- 
ponsibilities of government. It is a patriotic duty. At 
every election we must cast our votes. Before every 
election we must study the issues, the problems to be 



222 THE SHORT CONSTITUTION 

met. Unless we do that we are failing in patriotism 
and loyalty. Unless we vote we are not good citizens. 

Now I must close. I hope that the talks I have 
given in this school have planted in the hearts of boys 
and girls, and possibly in the hearts of grown men 
and women, something of the simple truths of Amer- 
ican life, something perhaps of the privileges of Amer- 
ican citizenship and something of the duties that we 
all owe in return. 

I have promised the principal of this school that 
next term I will again appear and present some new 
topics. I wish to talk to the boys and girls about 
authority and obedience, the source of authority and 
the duty of obedience. I wish also to talk about the 
making of laws, the origin of laws, how they are put 
in form and finally enacted by the people. I wish to 
talk about our public servants, because one of the im- 
portant things for each citizen to know is that from 
the President of the United States down to the con- 
stable of the humblest village, all officers are mere 
servants of the people and that no officer in America 
is in his official capacity master of any man, woman 
or child. I wish to impress as far as I am able the 
great truth expressed by Chief Justice Marshall when 
he said long years ago, ' ' This is a government of laws 
and not of man." 

NOTES AND COMMENTS 

1. Teachers and school officers can perform no higher duty, 
can render no greater service to America, than to encourage the 
use of school buildings for public gatherings. They should be real 
community centers. In the city of Minneapolis, the Superintend- 
ent of Schools has recently reported that for the year ending 
July 1st, 1920, there were 5070 meetings held in the public school 
buildings, with a total attendance of 325,734 persons. There were 
1434 cultural meetings; 751 civic sessions; 2501 recreative gather- 
ings, and 334 social festivals. Rural Consolidated school buildings 



THE SUFFRAGE 223 

ought always be planned for civic centers as well as school houses. 
They ought to provide a large assembly hall where community 
gatherings may be held. They ought to provide a large and well 
equipped gymnasium where both children and adults may enjoy 
athletic contests and indoor games. These buildings ought to be 
open to the people every evening during the week if the attendance 
warrants. 

2. One mark of good citizenship — is the respect shown to 
emblems of authority. All good citizens rise to their feet and 
remain standing during the playing or singing of the national 
anthems. We ought to cultivate such habits until they become 
reflex, i. e. until we do them as a matter of course without being 
told by the teacher in school or by the leader of the choir, or some 
other person. 

Every school boy and girl ought to commit to memory the words 
of the Star Spangled Banner, and of America. The teacher can 
make the singing of patriotic songs and the learning of patriotic 
poems and speeches a part of the opening exercises of the school. 
Poems and speeches learned in childhood, will generally remain 
with us throughout life. 

3. Radicalism of thought and action can generally be traced 
to the segregation of the people into small groups where the 
individual is alone in his thinking. Association and cooperation 
tend to break up individualism. Where men and women come 
together in thought and consideration, there is always developed 
a tendency toward moderation. Our present day complex society 
demands that every individual yield something for the good of the 
whole community. The yielding process is a moderating process. 
Anarchy stands for the division of society into individuals where 
each individual becomes selfish and dominating over others around 
him. Loyalty to the Nation and to the State requires that the in- 
dividual shall cooperate with his neighbor and that he shall work 
in harmony with other people in the community. If people would 
more often assemble and discuss the needs of the entire community 
and how each may help to make the entire community better, we 
would have less of class distinction and more of social harmony 
and of economic prosperity. 

4. Republican Government is government by the people through 
their chosen representatives. Republican government can only 
be good government and effective government, when every qual- 
ified voter will assume his full duty in helping carry on the 
government. This duty is exercised through the casting of an 
intelligent ballot on election day. In the Presidential Election of 
1908 the percentage of qualified voters actually voting ranged 
from 15.8 percent to 88.1 percent, the average for all states being 
60.5 percent. 

5. In colonial times in America there was nothing like universal 
manhood suffrage. One-half of all the colonies required church 
membership for a suffrage right. By about 1700 all colonies 
required ownership of property for voting. This was not entirely 
abolished until about 1850. The State of Rhode Island still re- 
quires property to the extent of $134, for voting in municipal 
elections. 

The colony of Virginia required the holding of a freehold of 
fifty acres of land without a house, or twenty-five acres of land 



224 THE SHORT CONSTITUTION 

with a house twelve feet square. Pennsylvania required a free- 
hold of fifty acres with twelve acres improved. 

In most colonies a greater property qualification was required 
for voting for members of the upper house of the legislature than 
for members of the lower house. 

Several colonies and early states limited office holding to Pro- 
testants. 

The Constitution of the United States now declares that no 
state shall deny to any person the right to vote because of race, 
color, or previous condition of servitude, or because of sex. The 
19th. Amendment enables women to vote on an equality with men. 

A state may add further qualifications for voting, but no state 
may deny the right to vote for any of the above reasons. Several 
states have added literacy tests for voting, and others have denied 
the right to vote to such as are insane or who have been convicted 
of crime, unless pardoned by the Governor. A few states deny 
suffrage to those whose taxes are delinquent. 

7. The following countries of the world have woman suffrage — 
New Zealand, 1893; South Australia, 1895; West Australia, 1900; 
The Australian Federation, 1902; New South Wales, 1902; Tas- 
mania, 1904; Queensland, 1905; Finland, 1906; Victoria, 1908; 
Alaska, 1913; Norway, 1913; Manitoba, 1916; Alberta, 1916; 
Iceland, 1913; Denmark, 1915; England, Scotland, Ireland, 1917; 
Sweden, 1918; Holland, 1919; Luxumberg, 1919; Germany, 1919; 
Austria, 1919. In no other country in the world the right 
of suffrage more fully granted than in the United States since 
the adoption of the 19th Amendment. 

ELEMENTARY QUESTIONS 

1. Show the ways in which the United States is just like a small 
club? 

2. Why must we always vote? 

3. Why is it right that women should vote? 

4 . Show that this is more than a privilege : it is a duty. 

5. Imagine some person saying that America is only for the rich. 
Eeview all the work that we have done, and show how it is 
just as fair to the poor man as to the rich. 

ADVANCED QUESTIONS 

A. Re-read the questions to chapters one and two. Note the 
difference in your answers. 

B. Map out a program so that you can show to all critics of 
America the ways in which the Constitution of the United 
States gives to all Americans the rights to LIFE, LIBERTY, 
and the PURSUIT OF HAPPINESS. 

C. You can now answer fully the question, "why is America the 
most free and most just nation on the globe?" 

D. What did Chief Justice Marshall mean when he said, "This is 
a government of laws, not of men". 

E. Prepare in writing a constitution for the "Lincoln Debating 
Club". 



A WORD TO THE TEACHERS AND OTHERS 

"The very essence of civil liberty certainly consists 
in the right of every individual to claim the protection 
of the laws whenever he receives an injury. One of the 
first duties of government is to afford that protection. 
The Government of the United States has been em- 
phatically termed, a government of laws, and not of 
men. It will certainly cease to deserve this high appel- 
lation, if the laws furnish no remedy for the violation 
of a vested legal right. ' ' 

These words of Chief Justice Marshall in Marbury v. 
Madison, 1 Cranch, 137, are the most significant and 
far reaching in their effect upon human government 
that were ever uttered by the lips of man. 

"A government of laws and not of men." This ex- 
presses the fundamental difference between the govern- 
ment of this great American Republic and all other 
systems of government devised by man, before the 
constitution of the United States came into being. 1 

Government has been the great problem of the 
human race throughout all the ages since mankind first 
started out upon the great highway of life. The great- 
est problem men have ever been called upon to solve is 
"how they might live together in communities without 
cutting each others throats.' ' 

As we look back at the warring world of yesterday, 
yea as we look at the warring world to-day (1920), 
we are reminded that the history of the human family 
tells a long sad story of war and bloodshed and death. 
The path which humanity has traveled stretches back 
into the dim distance, a long gleaming line of white 

225 



226 THE SHORT CONSTITUTION 

human bones ; the flowers, and the trees and the shrubs 
along the way have been nurtured by the red blood 
that flowed from human hearts. All over the world 
the battle has waged ; away down in Egypt where the 
Nile scatters her riches ; upon the banks of the Tiber 
which for centuries has reflected the majesty of Rome ; 
upon the heights above the castle crowned Rhine; on 
the banks of the peaceful Thames; and upon the 
prairies that sweep back from the Father of Waters, 
men have fought and died. In.the field and in the for- 
est, by the sweet running brook, and upon the burning 
sands, in the mountain pass and in the stony streets of 
the populous city; within the chancel rail of holy 
churches and at the dark entrance to the Bastile — in all 
these places, and in a thousand more, the hand of the 
oppressed has been lifted against the oppressor, the 
right that God gave to men to be free, has strug- 
gled with the power which might has given, and alas ! 
so often might has triumphed, and the slave, sick at 
heart, has been scourged to his dungeon. On a thou- 
sand hillsides burning fagots have consumed men who 
dared to dream of freedom, and in dark and slimy 
prison cells where God's sunlight seldom entered, men 
have rotted with clanking chains upon their limbs, be- 
cause they dared to ask for the rights of freemen. 

In the olden days force ruled the world, the king, the 
crown, the scepter, were the insignia of power. All 
about were the instruments of force, the cannon, the 
moated castle, the marching armies of the king. 

And so it was until the American nation was born, a 
nation founded by exiles who were fleeing from oppres- 
sion, from unrestrained power, exiles who dreamed of 
establishing a nation, exiles with stout hearts and with 
strong hands with which to build it, — a nation where 



A WORD TO TEACHERS 227 

there would be no masters and no slaves, were the citi- 
zen would rule and not the soldier, where the home and 
the school and not the castle, would stand as the citadel 
of the nation, where the steel would at last be molded 
into plowshares, and not into swords ; where, instead of 
martial music, the song of the plowboy and the hum of 
the spinning wheel would greet the ear ; where lust for 
power would be dethroned and brute force strangled; 
where love would rule and not brutality ; where justice 
and not vengeance, would be the end of judicial inves- 
tigation; where the rights of men to live and to enjoy 
the fruits of their labor would be recognized. This was 
the dream of the fathers of the Republic as they laid the 
foundation in the long ago. 

But this dream never would have been realized, had 
it not been for the recognition of that great Constitu- 
tional principle announced by Marshall, that in this 
nation the law is supreme; not supreme alone with 
the citizen, but supreme with the nation and the states 
that compose the nation; not supreme with the humble 
toiler, but supreme with the richest and the strongest ; 
not supreme in theory, but supreme in truth and in 
fact. 

This great principle of the supremacy of the law 
finds its origin in that immortal document, the Consti- 
tution of the United States. 2 

Few there are in these modern days who fully appre- 
ciate the wonderful blessings of a written constitution 
which gives recognition to the fundamental natural 
rights of man, and which provides guarantees against 
the invasion of these rights. 

Gladstone, the eminent statesman, said : 

"It (the American Constitution) is the greatest work ever struck 
off at any one time by the mind and purpose of man." 



228 THE SHORT CONSTITUTION 

An eminent lawyer has said : 

"It has been the priceless adjunct of free government, the 
mighty shield of the rights and liberties of the citizen. It has been 
many times invoked to save him from illegal punishment, and save 
his property from the greed of unscrupulous enemies, and to save 
his political rights from the unbridled license of victorious political 
opponents controlling legislative bodies; nor does it sleep, except 
as a sword dedicated to a righteous cause sleeps in its scabbard." 

Horace Binney says : 

"What were the States before the Union? The hope of their 
enemies, the fear of their friends, and arrested only by the Consti- 
tution from becoming the shame of the world." 

Sir Henry Maine remarks : 

"It isn't at all easy to bring home to the men of the present day, 
how low the credit of the Republic had sunk before the establish- 
ment of the United States Its success has been so great and 

striking, that men have almost forgotten, that if the whole, or the 
known experiments of mankind in governments be looked at to- 
gether, there has been no form of government so successful as the 
republican." 

Justice Mitchell of Pennsylvania, some twenty odd 
years ago said : 

"A century and a decade has passed since the Constitution of the 
United States was adopted. Dynasties have arisen and fallen, 
boundaries have extended and shrunken 'till continents seem almost 
the playthings of imagination and war ; nationalities have been 
asserted and subdued ; governments built up only to be overthrown, 
and the kingdoms of the earth from the Pillars of Hercules to the 
Yellow Sea have been shaken to their foundations. Through all 
this change and obstruction, the Republic, shortest lived of all 
forms of government in the prior history of the world, surviving 
the perils of foreign and domestic war, has endured and flourished. " 

And yet, it is true, "and pity 'tis, 'tis true," that in 
these days there seems to be a great lack of confidence, 
nay even a feeling of contempt existing in the minds 
and hearts of many men for this great charter of hu- 
man liberty. Men born to the blessings of freedom, men 
who do not stop to think about the cost of freedom, men 
who do not realize that this nation is not the child of 
chance, but that it is the outgrowth of centuries of tears 
and blood and sacrifice in the cause of human freedom, 
— these men assume an attitude of criticism, and would, 
by destroying the Constitution, fly from the "ills we 
have" and open their arms to evils "we know not of." 



A WORD TO TEACHERS 229 

And this feeling, this unrest, this spirit of criticism, 
is not limited to the ignorant, nor the lowly. Many 
men and women of education and culture are prom- 
inent in the ranks of those who raise their voices in 
reckless condemnation. 

"What is the source of this widespread feeling? 

For several years before the world war, we were 
passing through a period of readjustment in the politi- 
cal and social life of the nation. Many people felt that 
privilege was too strongly entrenched in governmental 
favor. A noble feeling of sympathy for the weak and 
the unfortunate created a demand for social justice. A 
great political party was thrown out of power. Out of 
all this came appeals for legislation, most of it in- 
spired by the highest motives, but much of it imprac- 
tical and visionary, some of it so framed that in provid- 
ing a benefit for a certain class, the rights of some 
other class were forgotten. Often it became necessary 
to recall the provisions of the Constitution, and some 
times it was used as a bar to the enactment of measures 
which were inspired only by the loftiest motives. 
Under such circumstances it is only natural that those 
intensely interested, seeing only from one standpoint, 
not understanding perhaps the far reaching effect of 
their favorite measures, should cry out at the limita- 
tions imposed by the Constitution. 

Then again Courts are sometimes compelled, under 
their sworn duty to defend the Constitution, to hold 
that a legislative enactment is unconstitutional and 
void, because it violates some of the principles of that 
great document, created, not by courts, not by presi- 
dents, but by the people themselves, for their own guid- 
ance and protection. 

But Chief Justice White gives the strongest reason 



230 THE SHORT CONSTITUTION 

for this feeling of contempt for the Constitution. He 
says, 

"There is great danger, it seems to me, to arise, from the con- 
stant habit which prevails where anything is opposed or objected 
to, of resorting without rhyme or reason, to the Constitution as a 
means of preventing its accomplishment, thus creating the general 
impression that the Constitution is but a barrier to progress, in- 
stead of being the broad highway through which alone true 
progress, may be enjoyed." 

Not only is this true, but unfortunately it is also true, 
that every base murderer who begins to feel the rope 
tighten about his neck, can find some lawyer who can 
devise some alleged constitutional reason why his 
client should not hang. The courts are constantly en- 
gaged in defending the Constitution against these base 
and unworthy attempts to defeat justice. 

Then upon every hand are those who hate authority, 
who despise law and order, and who denounce the Con- 
stitution because it stands between them and a realiza- 
tion of their greedy vicious purposes. 

Justice White further says that there is "a grow- 
ing tendency to suppose that every wrong that exists, 
despite the system, and which would be many times 
worse if the system did not exist, is attributable to it, 
and therefore that the Constitution should be disre- 
garded or over-thrown. ' ' 

The foregoing are some, but not all of the causes 
which weaken the faith of the people in the Constitu- 
tion. 

Now recognizing that there is in this nation this feel- 
ing of lack of respect for the Constitution, and knowing 
something of the causes which underlie this feeling, 
and realizing that the Contitution is in very truth the 
fortress and the glory of our Republic, what is our 
duty? 

The duty of every man, woman and child in America 



A WORD TO TEACHERS 231 

is to defend the Constitution, with his life if neces- 
sary, against those who condemn and traduce, and seek 
to destroy. 

But how shall we defend it? Shall we oppose all 
amendments of the Constitution? No, by its very 
terms it is subject to amendment ; but in contemplating 
its amendment, we should approach this sacred docu- 
ment in the same reverent spirit we would have if we 
were entering upon some holy shrine. It is the people '& 
Constitution; it is their right to amend it. Yea, it is 
their duty to amend it, if upon due deliberation, the 
rights of the whole people can be better protected or 
enforced. 

Complaint is sometimes made because of the delay 
involved in its amendment; but the provisions of the 
Constitution requiring deliberation were wisely in- 
serted. It was intended that fundamental principles 
should not be changed under the inspiration of sudden 
passion. It contemplated mature deliberation. The 
fathers of the Republic were mindful of the storms 
which at times in the history of the world had swept the 
people to destruction. 3 

Shall we rebuke the people who seek reforms? 

SHALL WE DECRY PROGRESS OR CHANGE? No, We 

should be the leaders in all such reforms. We 
safe and sound and constitutional. We should give 
recognition to the appeals of those who would lighten 
should aid in guiding public sentiment along channels 
the burdens of our brothers who may be heavy laden. 
We should aid in convincing the people that the Consti- 
tution is no restraint upon their aspirations for higher 
and better things ;that it is in truth the guide and in- 
spiration to better things. 

Shall we condemn those, who through lack of knowl- 



232 THE SHORT CONSTITUTION 

edge, do not appreciate the great value of the Constitu- 
tion ? No, we should teach them. We should lead 
them. We should inspire them with love and venera- 
tion for this great bulwark of human freedom. 

We must in very truth become teachers of all the peo- 
ple. We must carry to them the light of our knowledge. 
We must point out to them the rocks upon which other 
republics have been wrecked. 4 

We must teach them that in the Constitution we find 
absolute guaranty of protection for life, for liberty, 
and for property rights. That there is no man so lowly, 
that he cannot point to the Constitution as his shield 
from the acts of the tyrant, that he cannot point to his 
humble home as his "castle," and under the sacred 
guarantees of the Constitution, defy all the unlawful 
force of the world. 

We must teach them that it guarantees the inviol- 
ability of contracts, that it prevents even a great State 
from taking the life or property of its humblest citizen 
without a trial under due process of law, that trial by 
jury is preserved, and that no man can be convicted of a 
crime without the privilege of being represented by 
counsel, and that no man can be compelled to be a wit- 
ness against himself. 

We must recall to them the awful tragedies enacted 
in the days of old, where, under Star Chamber proceed- 
ings, men were deprived of their property and their 
lives upon charges of treason, which were never prov- 
en; and then we must point out to them the burning 
words of the Constitution, which provides that no man 
can be found guilty of treason without at least two 
witnesses to the overt act. 

We must impress upon them the great truth, that 
there is not now, and never has been, a system of gov- 



A WORD TO TEACHERS 233 

eminent which can abolish sorrow, or sickness, or stay 
the hand of death. That no government can help men 
who will not help themselves ; that there is no way in 
which any government can bring riches to the indolent, 
nor bread to those who will not toil. We must combat 
the false philosophy which assumes that all men are 
equal in all things, because men are not equal, except as 
under the Constitution, they are equal before the law. 
No system of legislation, and no method of government 
can equalize the strong with the weak, the wise with the 
simple, the good with the bad. While God gives to 
some men wisdom and shrewdness which others do not 
possess, while some are broad shouldered, with muscles 
of steel, and others are frail, and tremble as they walk, 
there will always be riches, there will always be pov- 
erty, and any scheme for equalizing the possessions 
of men is but an idle dream which never can be realized 
until men are made over into beings without passion 
or pride or ambition or selfishness. Do not let them 
feel that its provisions are intended to protect only the 
rich and powerful. If the right of a railway corpora- 
tion to certain lands is sustained under some consti- 
tutional provision, do not allow the people to assume 
that this provision exists only for corporations, but 
impress upon them that the same constitutional provis- 
ion which protects the railway company in its rights, 
may be invoked in defense of the little homestead out 
upon the prairies. 

If some desperado should be acquitted because he 
invoked the constitutional requirement, that he upon 
his trial must be confronted by the witnesses against 
him, remind those who criticize, that this same provis- 
ion is made for their sons who may to-morrow be un- 
justly charged with a crime ; impress upon them that 



234 THE SHORT CONSTITUTION 

it is impossible to have one law for the guilty, and an- 
other for the innocent; and that under our Constitu- 
tion, every man is presumed to be innocent until proven 
to be guilty. 

Then impress upon the people something of the won- 
derful growth of the nation, and the development of 
the nation, and the progress of the nation, — all under 
the wise protection of the Constitution. To those who 
may be discouraged in the battle of life, and who may 
attribute their failure to the injustice of social condi- 
tions, point out what other men have done under the 
same conditions, with no better opportunity, and ask 
them to ponder the question as to whether their failure 
is not to be attributed largely to their own lack of 
energy and determination. 5 

And if they point out abuses which do exist, ask them 
to aid in eliminating these abuses. If half the energy 
which is exerted by earnest, but misguided people, in 
efforts to tear down our form of government, were hon- 
estly applied in an effort to remedy existing evils in a 
constitutional way, these people would show that they 
were patriots, and at the same time, they would accom- 
plish something for their country and their f ellowmen. f 

Too long have we been silent while the enemies of our 
country have poisoned the minds of youth, yea, and of 
manhood and womanhood with the gospel of treason. 

Those who despise and condemn the Constitution 
have in the past ten years had more earnest students of 
their vicious doctrines, than have those who uphold 
the Constitution and prize their liberties which the 
Constitution guards and protects. 

All over the land earnest men and women are endeav- 
oring to teach the great truths of Americanism, and 
with substantial success ; but those who understand hu- 



A WORD TO TEACHERS 235 

man nature realize that the faith of our fathers can 
only be firmly established by lighting the fires of 
patriotism and loyalty in the hearts of our children. 
Through them the great truths of our national life can 
be brought into the homes of the land. 

And the nation will never be safe until the Consti- 
tution is carried into the homes, until at every fireside, 
young and old shall feel a new sense of security in the 
guarantees which are found in this great charter of 
human liberty, and a new feeling of gratitude for the 
blessings which it assures to this, and to all future 
generations. 

NOTES AND COMMENTS 

1. Any government is free to the people under it (whatever be 
the frame) where the laws rule and the people are a party to those 
laws." — William Penn. 

2. It is, Sir, the peoples Constitution, the peoples government, 
made for the people, made by the people and answerable to the 
people." — Daniel Webster. 

3. "In truth success cannot be expected from any system of gov- 
ernment unless the individuals who compose the State entertain the 
respect for the personal rights and liberties of all." — David Jayne 
Hill. 

4. "We cannot, we must not, we dare not, omit to do that which, 
in our judgment, the safety of the Union requires." — Daniel 
Webster. 

5. "Americanization always implies obligation; free choice de- 
termines its acceptance, and its extension must come through 
avenues of intelligent comprehension rather than through physical 
or governmental domination." — Winthrop Talbot. 

6. "The fundamental evil in this country is the lack of suffi- 
ciently general appreciation of the responsibility of citizenship." — 
Theodore Roosevelt. 

Teachers of children may well place greater emphasis on ideals, 
character and personality as factors in the making of a nation. 
Teachers ought to lay greater stress on biography in the teaching 
of history, civics and citizenship. Teach children both to know and 
to love Washington, Lincoln, Roosevelt. Teach older pupils and 
students to realize that the aims, ideals, and achievements of a 
nation can never be higher than the aims, ideals, and achievements 
of the individuals comprising that nation. To know the lives and 
characters of America's great men and women, is to know American 
history for they made American history what it is. Young people 
enjoy the study of great characters. We all retain a love for heroes 
and heroines however old we grow. Such study adds color and life 



236 THE SHORT CONSTITUTION 

to history and government and humanizes the entire subject. 
Teach lives and institutions rather than mere facts. Inculcate 
into the lives of boys and girls, and of men and women a love for 
our country, for the men and women who made it, and for the insti- 
tutions in which they have a part. Teach them that patriotism and 
loyalty are not duties only, but are rather the highest privileges 
given to the people of a republic. 



DECLARATION OF INDEPENDENCE 

When in the Course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected them 
with another, and to assume among the Powers of the earth, the 
separate and equal station to which the Laws of Nature and of 
Nature's God entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes which impel 
them to the separation. 

We hold these truths to be self-evident, that all men are created 
equal, that they are endowed by their Creator with certain unalien- 
able Rights, that among these are Life, Liberty and the pursuit 
of Happiness. That to secure these rights, Governments are insti- 
tuted among Men, deriving their just powers from the consent of 
the governed. That whenever any form of Government becomes 
destructive of these ends, it is the Right of the People to alter or 
abolish it, and to institute new Government, laying its foundation 
on such principles and organizing its powers in such form, as to 
them shall seem most likely to effect their Safety and Happiness. 
Prudence, indeed, will dictate that Governments long established 
should not be changed for light and transient causes; and according- 
ly all experience hath shown, that mankind are more disposed to 
suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But 
when a long train of abuses and usurpations, pursuing invari- 
ably the same Object evinces a design to reduce them under 
absolute Despotism, it is their right, it is their duty, to throw 
off such Government, and to provide new Guards for their future 
security. — Such has been the patient sufferance of these Colonies; 
and such is now the necessity which constrains them to alter 
their former Systems of Government. The history of the present 
King of Great Britain is a history of repeated injuries and usurpa- 
tions, all having in direct object the establishment of an absolute 
Tyranny over these States. To prove this, let Facts be submitted 
to a candid world. 

He has refused his Assent to Laws, the most wholesome and 
necessary for the public good. 

He has forbidden his Governors to pass Laws of immediate and 
pressing importance, unless suspended in their operation till his 
Assent should be obtained; and when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other Laws for the accommodation of 
large districts of people, unless those people would relinquish the 
right of Representation in the Legislature, a right inestimable to 
them and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their Public 
Records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasion on the rights of the people. 

237 



238 THE SHOET CONSTITUTION 

He has refused for a long time, after such dissolutions, to cause 
others to be elected; whereby the Legislative Powers, incapable of 
Annihilation, have returned to the People at large for their exer- 
cise; the State remaining in the mean time exposed to all the 
dangers of invasion from without, and convulsions within. 

He has endeavoured to prevent the population of these States; 
for that purpose obstructing the Laws for Naturalization of For- 
eigners; refusing to pass others to encourage their migration 
hither, and raising the conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing 
his Assent to Laws for establishing Judiciary Powers. 

He has made Judges dependent on his Will alone, for the tenure 
of their offices, and the amount and payment of their salaries. 

He has erected a multitude of New Offices, and sent hither 
swarms of officers to harass our People, and eat out their sub- 
stance. 

He has kept among us, in times of peace, Standing Armies with- 
out the Consent of our legislature. 

He has affected to render the Military independent of and super- 
ior to the Civil Power. 

He has combined with others to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our laws; 
giving his Assent to their Acts of pretended Legislation: 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock Trial, from Punishment for any 
Murders which they should commit on the Inhabitants of these 
States : 

For cutting off our Trade with all parts of the world: 

For imposing taxes on us without our Consent: 

For depriving us in many cases, of the benefits of Trial by 
Jury: 

For transporting us beyond Seas to be tried for pretended of- 
fences : 

For abolishing the free System of English Laws in a neighbouring 
ing Province, establishing therein an Arbitrary government, and 
enlarging its Boundaries so as to render it at once an example 
and fit instrument for introducing the same absolute rule into 
these Colonies. 

For taking away our Charters, abolishing our most valuable 
Laws, and altering fundamentally the Forms of our Government: 

For suspending our own Legislatures, and declaring themselves 
invested with Power to legislate for us in all cases whatsoever. 

He has abdicated Government here, by declaring us out of his 
Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt our 
towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign mercen- 
aries to compleat the works of death, desolation and tyranny, al- 
ready begun with circumstances of Cruelty & perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
Head of a civilized nation. 

He has constrained our fellow Citizens taken Captive on the 
high Seas to bear Arms against their Country, to become the 
executioners of their friends and Brethren, or to fall themselves 
by their Hands. 



DECLARATION OF INDEPENDENCE 239 

He has excited domestic insurrections amongst us, and has en- 
deavoured to bring on the inhabitants of our frontiers, the merciless 
Indian Savages, whose known rule of warfare, is an undistin- 
guished destruction of all ages, sexes and conditions. 

In every stage of these Oppressions We have Petitioned for 
Redress in the most humble terms: Our repeated Petitions have 
been answered only by repeated injury. A Prince, whose character 
is thus marked by every act which may define a Tyrant, is unfit 
to be the ruler of a free People. 

Nor have We been wanting in attention to our British brethren. 
We have warned them from time to time of attempts by their 
legislature to extend an unwarrantable jurisdiction over us. We 
have reminded them of the circumstances of our emigration and 
settlement here. We have appealed to their native justice and 
magnanimity, and we have conjured them by the ties of our com- 
mon kindred to disavow these usurpations, which would inevitably 
interrupt our connections and correspondence. They too have 
been deaf to the voice of justice and of consanguinity. We must, 
therefore, acquiesce in the necessity, which denounces our Separa- 
tion, and hold them, as we hold the rest of mankind, Enemies in 
War, in Peace Friends. 

We, therefore, the Representatives of the united States of 
America, in General Congress, Assembled, appealing to the Su- 
preme Judge of the world for the rectitude of our intentions, 
do, in the Name, and by Authority of the good People of these 
Colonies, solemnly publish and declare, That these United Colonies 
are, and of Right ought to be Free and Independent States; that 
they are Absolved from all Allegiance to the British Crown, and 
that all political connection between them and the State of Great 
Britain, is and ought to be totally dissolved; and that as Free and 
Independent States, they have full Power to levy War, conclude 
Peace, contract Alliances, establish Commerce, and to do all other 
Acts and Things which Independent States may of right do. And 
for the support of this Declaration, with a firm reliance on the 
Protection of Divine Providence, we mutually pledge to each other 
our Lives, our Fortunes and our sacred Honor. 



CONSTITUTION OF THE UNITED STATES 

We the People of the United States, in Order to form a more 
perfect Union, establish Justice, insure domestic Tranquility, pro- 
vide for the common defence, promote the general Welfare, and 
secure the Blessings of Liberty to ourselves and our Posterity, do 
ordain and establish this CONSTITUTION for the United States 
of America. 

ARTICLE I. 

Section 1. All legislative Powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section 2. The House of Representatives shall be composed of 
Members chosen every second Year by the People of the several 
States, and the Electors in each State shall have the Qualifica- 
tion requisite for Electors of the most numerous Branch of the 
State Legislature. 

No Person shall be a Representative who shall not have attained 
to the Age of twenty-five Years, and been seven Years a Citizen of 
the United States, and who shall not, when elected, be an Inhabi- 
tant of that State in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among" 
the several States which may be included within this Union, ac- 
cording to their respective Numbers, which shall be determined 
by adding to the whole Number of free Persons, including those 
bound to Service for a Term of Years, and excluding Indians not 
taxed, three-fifths of all other Persons. The actual Enumeration 
shall be made within three Years after the first meeting of the 
Congress of the United States, and within every subsequent Term 
of ten Years, in such Manner as they shall by Law direct. The 
Number of Representatives shall not exceed one for every thirty 
Thousand, but each State shall have at Least one Representative; 
and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to chuse three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three. 

When vacancies happen in the Representation from any State, 
the Executive Authority thereof shall issue Writs of Election, to 
fill such Vacancies. 

The House of Representatives shall chuse their Speaker and other 
Officers; and shall have the sole Power of Impeachment, 
of two Senators from each State, chosen by the Legislatures there- 
of, for six Years; and each Senator shall have one Vote. 

Immediately after they shall be assembled in Consequence of 
the first Election, they shall be divided as equally as may be into 
three Classes. The Seats of the Senators of the first Class shall 
be vacated at the Expiration of the second Year, of the second 
Class at the Expiration of the fourth Year, and of the third Class 
at the Expiration of the sixth Year, so that one-third may be 

240 



CONSTITUTION OF UNITED STATES 241 

chosen every second Year; and if Vacancies happen by Resignation, 
or otherwise, during the Recess of the Legislature of any State, 
the Executive thereof may make temporary Appointments (until 
the next Meeting of the Legislature, which shall then fill such 
Vacancies.) 

No Person shall be a Senator who shall not have attained to 
the Age of thirty Years, and had been nine Years a Citizen of the 
United States, and who shall not, when elected, be an Inhabitant 
of that State for which he shall be chosen. 

The Vice President of the United States shall be President of 
the Senate, but shall have no Vote, unless they be equally divided. 

The Senate shall chuse their other Officers, and also a President 
pro tempore, in the absence of the Vice President, or when he 
shall exercise the Office of President of the United States. 

The Senate shall have the sole Power to try all Impeachments. 
When sitting for that Purpose, they shall be on Oath or Affirma- 
tion. When the President of the United States is tried, the Chief 
Justice shall preside: And no Person shall be convicted without 
the Concurrence of two-thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend further 
than to removal from Office, and disqualification to hold and enjoy 
any Office of honor, Trust of Profit under the United States: but 
the Party convicted shall nevertheless be liable and subject to 
Indictment, Trial, Judgment and Punishment, according to Law. 

Section 4. The Times, Places and Manner of holding Elections 
for Senators and Representatives, shall be prescribed in each 
State by the Legislature thereof; but the Congress may at any 
time by Law make or alter such Regulations, except as to the 
Places of chusing Senators. 

The Congress shall assemble at least once in every Year, and 
such Meeting shall be on the first Monday in December, unless 
they shall by Law appoint a different Day. 

Section 5. Each House shall be the Judge of the Elections, Re- 
turns and Qualifications of its own Members, and a Majority of 
each shall constitute a Quorum to do Business; but a smaller 
Number may adjourn from day to day, and may be authorized 
to compel the Attendance of absent Members, in such Manner, 
and under such Penalties as each House may provide. 

Each House may determine the Rules of its Proceedings, punish 
its Members for disorderly Behavior, and, with the Concurrence 
of two-thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and from 
time to time publish the same, excepting such Parts as may in their 
Judgment require Secrecy; and the Yeas and Nays of the Mem- 
bers of either House on any question shall, at the Desire of one- 
fifth of those Present, be entered on the Journal, 

Neither House, during the Session of Congress, shall, without 
the Consent of the other, adjourn for more than three days, nor 
to any other Place than that in which the two Houses shall be 
sitting. 

Section 6. The Senators and Representatives shall receive a 
Compensation for their Services, to be ascertained by Law, and 
paid out of the Treasury of the United States. They shall in all 
Cases, except Treason, Felony and Breach of the Peace, be priv- 
ileged from Arrest during their Attendance at the Session of their 
respective Houses, and in going to and returning from the same; 



242 THE SHORT CONSTITUTION 

and for any Speech or Debate in either House, they shall not be 
questioned in any other Place. 

No Senator or Representative shall, during the Time for which 
he was elected, be appointed to any civil Office under the Authority 
of the United States, which shall have been created, or the Emolu- 
ments whereof shall have been increased during such time; and no 
Person holding any Office under the United States, shall be a 
Member of either House during his Continuance in Office. 

Section 7. All Bills for raising Revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with Amendments as on other Bills. 

Every Bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a Law, be presented to the 
President of the United States. If he approve he shall sign it, 
but if not, he shall return it, with his Objections to that House 
in which it shall have originated, who shall enter the Objections 
at large on their Journal, and proceed to reconsider it. If after 
such Reconsideration two thirds of that House shall agree to pass 
the Bill, it shall be sent, together with the Objections, to the 
other House, by which it shall likewise be reconsidered, and if 
approved by two thirds of that House, it shall become a Law. 
But in all such Cases the Votes of both Houses shall be determined 
by Yeas and Nays, and the Names of the Persons voting for and 
against the Bill shall be entered on the Journal of each House res- 
pectively. If any Bill shall not be returned by the President within 
ten Days (Sundays excepted) after it shall have been presented 
to him, the Same shall be a Law, in like Manner as if he had 
signed it, unless the Congress by their Adjournment prevent its 
Return, in which Case it shall not be a Law. 

Every Order, Resolution, or Vote to which the Concurrence of 
the Senate and House of Representatives may be necessary (ex- 
cept on a question of Adjournment) shall be presented to the 
President of the United States; and before the Same shall take 
Effect, shall be approved oy him, or being disapproved by him, 
shall be repassed by two thirds of the Senate and House of Repre- 
sentatives, according to the Rules and Limitations prescribed in 
the Case of a Bill. 

Section 8. The Congress shall have Power to lay and collect 
Taxes, Duties, Imposts and Excises, to pay the Debts and provide 
for the common Defence and general Welfare of the United States ; 
but all Duties, Imposts and Excises shall be uniform throughout 
the United States; 

To borrow money on the credit of the United States; 

To regulate Commerce with foreign Nations, and among the 
Several States, and with the Indian Tribes; 

To establish an uniform Rule of Naturalization, and uniform 
Laws on the subject of Bankruptcies throughout the United States; 

To coin Money, regulate the Value thereof, and of foreign Coin, 
and fix the Standard of Weights and Measures; 

To provide for the Punishment of counterfeiting the Securities 
and current Coin of the United States; 

To establish Post Offices and post Roads; 

To promote the Progress of Science and useful Arts, by securing 
for limited Times to Authors and Inventors the exclusive Right to 
their respective Writings and Discoveries; ■ , 

To constitute Tribunals inferior to the supreme Court; 



CONSTITUTION OF UNITED STATES 243 

To define and punish Piracies and Felonies committed on the 
high Seas and Offences against the Law of Nations ; 

To declare War, grant Letters of Marque and Reprisal, and 
make Rules concerning Captures on Land and Water; 

To raise and support Armies, but no Appropriation of Money 
to that Use shall be for a longer Term than two Years; 

To provide and maintain a Navy; 

To make Rules for the Government and Regulation of the land 
and naval Forces; 

To provide for calling for the Militia to execute the Laws of the 
Union, suppress Insurrections and repel Invasions; 

To provide for organizing, arming, and disciplining the Militia, 
and for governing such Part of them as may be employed in the 
Service of the United States, reserving to the States respectively, 
the Appointment of the Officers, and the Authority of training the 
Militia according to the discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatsoever, over 
such District (not exceeding ten Miles square) as may, by Cession 
of particular States, and the acceptance of Congress, become the 
Seat of the Government of the United States, and to exercise like 
Authority over all Places purchased by the Consent of the Legis- 
lature of the State in which the Same shall be, for the Erection 
of Forts, Magazines, Arsenals, Dock-Yards and other needful 
Buildings ; — And 

To make all Laws which shall be necessary and proper for 
carrying into Execution the foregoing Powers, and all other Powers 
vested by this Constitution in the Government of the United States, 
or in any Department or Officer thereof. 

Section 9. The Migration or Importation of such Persons as 
any of the States now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the Year one thousand 
eight hundred and eight, but a tax or duty may be imposed on 
such Importation, not exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be sus- 
pended, unless when in Cases of Rebellion or Invasion the public 
Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct Tax shall be laid, unless in Propor- 
tion to the Census or Enumeration herein before directed to be 
taken. 

No Tax or Duty shall be laid on Articles exported from any 
State. 

No Preference shall be given by any Regulation of Commerce 
or Revenue to the Ports of one State over those of another: nor 
shall Vessels bound to, or from, one State, be obliged to enter, 
clear, or pay Duties in another. 

No Money shall be drawn from the Treasury, but in Conse- 
quence of Appropriations made by Law; and a regular Statement 
and Account of the Receipts and Expenditures of all Public Money 
shall be published from time to time. 

No Title of Nobility shall be granted by the United States : And 
no Person holding any Office of Profit or Trust under them, shall, 
without the Consent of the Congress, accept of any present, Emol- 
ument, Office, or Title, of any kind whatever, from any King, 
Prince, or foreign State. 

Section 10. No State shall enter into any Treaty, Alliance, or 



244 THE SHORT. CONSTITUTION 

Confederation; grant Letters of Marque and Reprisal; coin Money; 
emit Bills of Credit; make anything but gold and silver Coin a 
Tender in Payment of Debts; pass any Bill of Attainder, ex post 
facto law, or Law impairing the Obligation of Contracts, or grant 
any Title of Nobility. 

No State shall, without the Consent of the Congress, lay any 
Imposts or Duties on Imports or Exports, except what may be ab- 
solutely necessary for executing its inspection Laws: and the net 
Produce of all Duties and Imports, laid by any State on Imports 
or Exports, shall be for the Use of the Treasury of the United 
States; and all of such Laws shall be subject to the Revision and 
Control of the Congress. 

No State shall, without the Consent of Congress, lay any duty 
of Tonnage, keep Troops, or Ships of War in time of Peace, enter 
into any Agreement or Compact with another State, or with a 
foreign Power, or engage in War, unless actually invaded, or in 
such imminent Danger as will not admit of Delay. 

ARTICLE II. 

The executive power shall be vested in a President of 
the United States of America. He shall hold his Office during the 
Term of four Years, and, together with the Vice President, chosen 
for the same Term, be elected, as follows: 

Each State shall appoint, in such Maner as the Legislature 
thereof may direct, a Number of Electors, equal to the whole 
Number of Senators and Representatives to which the State may 
be entitled in the Congress: but no Senator or Representative, or 
person holding an Office of Trust or Profit under the United States, 
shall be appointed an Elector. 

The Electors shall meet in their respective States, and vote by 
Ballot for two persons, of whom one at least shall not be an In- 
habitant of the same State with themselves. And they shall make 
a List of all the Persons voted for, and of the Number of Votes for 
each; which List they shall sign and certify, and transmit sealed 
to the Seat of the Government of the United States, directed 
to the President of the Senate. The President of the Senate shall, in 
the Presence of the Senate and House of Representatives, open all 
the Certificates, and the Votes shall then be counted. The Per- 
son having the greatest Number of Votes shall be the President, if 
such Number be a Majority ol the whole Number of Electors ap- 
pointed; and if there be more than one who have such Majority, 
and have an equal Number of Votes, then the House of Represen- 
tatives shall immediately chuse by Ballot one of them for Presi- 
dent; and if no Person have a Majority, then from the five high- 
est on the List the said House shall in like Manner chuse the Pres- 
ident. But in chusing the President, the Votes shall be taken by 
States, the Representation from each State having one Vote; A 
quorum for this Purpose shall consist of a Member or Members 
from two-thirds of the States, and a Majority of all the States 
shall be necessary to a Choice. In every Case, After the Choice of 
the President, the Person having the greatest number of Votes of 
the Electors shall be the Vice President. But if there should remain 
two or more who have equal Votes, the Senate shall chuse from 
them by Ballot the Vice President. 

The Congress may determine the Time of chusing the Electors, 



CONSTITUTION OF UNITED STATES 245 

and the Day on which they shall give their Votes; which Day shall 
be the same throughout the United States. 

No person except a natural born Citizen, or a Citizen of the 
United States, at the time of the Adoption of this Constitution, 
shall be eligible to the Office of President; neither shall any Person 
be eligible to that Office who shall not have attained the age of 
thirty-five years, and been fourteen Years a Resident within the 
United States. 

In Case of the Removal of the President from Office, or of his 
Death, Resignation or Inability to discharge the Powers and Du- 
ties of said Office, the Same shall devolve on the Vice President, 
and the Congress may by Law provide for the Case of Removal, 
Death, Resignation or inability, both of the President and Vice- 
President, declaring what Officer shall then act as President, and 
such Officer shall act accordingly, until the Disability be removed, 
or a President shall be elected. 

The President shall, at stated Times, receive for his Services, a 
Compensation, which shall neither be encreased nor diminished 
during the Period for which he shall have been elected, and he 
shall not receive within that Period any other Emolument from the 
United States, or any of them. 

Before he enter on the Execution of his Office, he shall take 
the following Oath or Affirmation: — "I do solemnly swear (or 
affirm) that I will faithfully execute the Office of President of the 
United States, and will to the best of my Ability, preserve, protect 
and defend the Constitution of the United States." 

Section 2. The President shall be Commander in Chief of the 
Army and Navy of the United States, and of the Militia of the 
several States, when called into the actual Service of the United 
States; he may require the Opinion, in writing, of the principal 
Officer in each of the executive Departments, upon any Subject 
relating to the Duties of their respective Offices, and he shall have 
Power to grant Reprieves and Pardons for Offences against the 
United States, except in Cases of Impeachment. 

He shall have Power, by and with the Advice and Consent of 
the Senate, to make Treaties, provided two-thirds of the Senators 
present concur ; and he shall nominate, and by and with the Advice 
and Consent of the Senate, shall appoint Ambassadors, other 
public Ministers and Consuls, Judges of the supreme Court, and 
all other Officers of the United States, whose Appointments are 
not herein otherwise provided for, and which shall be established 
by Law: but the Congress may by Law vest the Appointment of 
such inferior Officers, as they think proper, in the President alone, 
in the Courts of Law, or in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that may 
happen during the recess of the Senate, by granting Commissions 
which shall expire at the End of their next Session. 

Section 3. He shall from time to time give to the Congress In- 
formation of the state of the Union, and recommend to their Con- 
sideration such Measures as he shall judge necessary and exped- 
ient; he may, on extraordinary Occasions, convene both Houses, 
or either of them, and in Case of Disagreement between them, with 
Respect to the Time of Adjournment, he may adjourn them to 
such Time as he shall think proper; he shall receive Ambassadors 
and other public Ministers; he shall take Care that the Laws be 



246 THE SHORT CONSTITUTION 

faithfully executed, and shall Commission all the Officers of the 
United States. 

Section 4. The President, Vice President and all civil Officers 
of the United States, shall be removed from Office on Impeachment 
for, and Conviction of, Treason, Bribery, or other high Crimes and 
Misdemeanors. 

ARTICLE III. 

Section 1. The judicial Power of the United States shall be 
vested in one supreme Court, and in such inferior Courts as the 
Congress may from time to time ordain and establish. The Judges, 
both of the supreme and inferior Courts, shall hold their Offices 
during good Behaviour, and shall, at stated Times, receive for their 
Services, a Compensation which shall not be diminished during 
their Continuance in Office. 

Section 2. The judicial Power shall extend to all Cases, in Law 
and Equity, arising under this Constitution, the Laws of the 
United States, and Treaties made, or which shall be made, under 
their Authority; — to all Cases affecting Ambassadors, other pub- 
lic Ministers and Consuls; — to all Cases of admiralty and maritime 
Jurisdiction; — to Controversies to which the United States shall be 
a Party: — to Controversies between two or more States; — between 
a State and Citizens of another State; — between Citizens of differ- 
under Grants of different States, and between a State, or the Citi- 
ent States; — between Citizens of the same State claiming Lands 
zens thereof, and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be a Party, the supreme 
Court shall have original Jurisdiction. In all the other Cases before 
mentioned, the supreme Court shall have appellate Jurisdiction, 
both as to Law and Fact, with such Exceptions, and under such 
Regulations as the Congress shall make. 

The trial of all Crimes, except in Cases of Impeachment, shall 
be by Jury, and such Trial shall be held in the State where the 
said Crimes shall have been committed; but when not committed 
within any State, the Trial shall be at such Place or Places as the 
Congress may by Law have directed. 

Section 3. Treason against the United States, shall consist only 
in levying War against them, or in adhering to their Enemies, 
giving them Aid and Comfort. No person shall be convicted of Trea- 
son unless on the Testimony of two Witnesses to the same overt 
Act, or on Confession in open Court. 

The Congress shall have power to declare the Punishment of 
Treason, but no Attainder of Treason shall work Corruption of 
Blood, or Forfeiture except during the Life of the Person attainted. 

ARTICLE IV. 

Section 1. Full Faith and Credit shall be given in each State 
to the public Acts, Records and judicial Proceedings of every other 
State. And the Congress may by general Laws prescribe the Man- 
ner in which such Acts, Records and Proceedings shall be proved, 
and the Effect thereon. 

Section 2. The Citizens of each State shall be entitled to all 
Privileges and Immunities of Citizens in the several States. 

A Person charged in any State with Treason, Felony, or other 



CONSTITUTION OF UNITED STATES 247 

Crime, who shall flee from Justice, and be found in another State, 
shall on demand of the executive Authority of the State from 
which he fled, be delivered up, to be removed to the State having 
Jurisdiction of the Crime. 

No Person held to Service or Labour in one State, under the 
Laws thereof, escaping into another, shall, in Consequence of any 
Law or Regulation therein, be discharged from such service or 
Labour, but shall be delivered up on Claim of the Party to whom 
such Service or Labour may be due. 

Section 3. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within 
the Jurisdiction of any other State; nor any State be formed by 
the Junction of two or more States, or parts of States, without 
the Consent of the Legislatures of the States concerned as well as 
of the Congress. 

The Congress shall have Power to dispose of and make all need- 
ful Rules and Regulations respecting the Territory or other prop- 
erty belonging to the United States; and nothing in this Consti- 
tution shall be so construed as to Prejudice any Claims of the 
United States, or of any particular State. 

Section 4. The United States shall guarantee to every State in 
this Union a Republican Form of Government, and shall protect 
each of them against invasion; and on Application of the Legisla- 
ture, or of the Executive (when the Legislature cannot be con- 
vened) against domestic Violence. 

ARTICLE V. 

The Congress, whenever two thirds of both Houses shall deem 
it necessary, shall propose Amendments to this Constitution, or, 
on the Application of the Legislature of two thirds of the several 
States, shall call a Convention for proposing Amendments, which, 
in either Case, shall be valid to all Intents and Purposes, as Part 
of this Constitution, when ratified by the Legislatures of three- 
fourths of the several States, or by Conventions in three-fourths 
thereof, as the one or the other Mode of Ratification may be pro- 
posed by the Congress; Provided that no Amendment which may 
be made prior to the Year One thousand eight hundred and eight 
shall in any Manner affect the first and fourth Clauses in the 
Ninth Section of the first Article; and that no State, without its 
Consent, shall be deprived of its equal Suffrage in the Senate. 

ARTICLE VI. 

All Debts contracted and Engagements entered into, before the 
Adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

This Constitution, and the Laws of the United States which 
shall be made in Pursuance thereof; and all Treaties made, or 
which shall be made, under the Authority of the United States, 
shall be the supreme Law of the Land; and the Judges in every 
State shall be bound thereby, any Thing in the Constitution or 
Laws of any State to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
Members of the several State Legislatures, and all executive and 
judicial Officers, both of the United States and of the several 
States, shall be bound by Oath or Affirmation, to support this Con- 



248 THE SHORT CONSTITUTION 

stitution; but no religious Test shall ever be required as a Quali- 
fication to any Office or public Trust under the United States. 

ARTICLE VII. 

The Ratification of the Conventions of nine States shall be suffi- 
cient for the Establishment of this Constitution between the 
States so ratifying the Same. 

DONE in Convention by the Unanimous Consent of the States 
present the Seventeenth Day of September in the Year of our 
Lord one thousand seven hundred and Eighty seven, and of the 
Independence of the United States of America the Twelfth. In 
Witness whereof We have hereunto subscribed our Names, 

Go. Washington 
Presidt. and Deputy from Virginia. 

ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF 
THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATI- 
FIED BY THE LEGISLATURES OF THE SEVERAL STATES PURSUANT TO THE 
FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. 

ARTICLE I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the people 
peacably to assemble, and to petition the Government for a re- 
dress of grievances. 

ARTICLE II. 

A well regulated Militia, being necessary to the security of a 
free State, the right of the people to keep and bear Arms, shall 
not be infringed. 

ARTICLE III. 

No Soldier shall, in time of peace, be quartered in any house* 
without the consent of the Owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses* 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall issue, but upon prob- 
able cause, supported by Oath or affirmation, and particularly de- 
scribing the place to be searched, and the persons or things to be 
seized. 

ARTICLE V. 

No person shall be hel^ to answer for a capital, or otherwise 
infamous crime, unless on \ presentment or indictment of a Grand 
Jury, except in cases arising in the land or naval forces, or in the 
Militia, when in actual service in time of War or public danger; 
nor shall any person be subject for the same offence to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use, without just compen- 
sation. 



CONSTITUTION OF UNITED STATES 249 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor, and to have the Assistance of 
Counsel for his defence. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise re-examined 
in any Court of the United States, than according to the rules of 
the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the peopie. 

ARTICLE X. 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
against one of the United States by Citizens of another State, or 
respectively, or to the peopie. 

ARTICLE XL 

The Judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by Citizens of another State, or 
by Citizens or Subjects of any Foreign State. 

ARTICLE XII. 

The Electors shall meet in their respective states and vote by bal- 
lot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same state with themselves; they shall 
name in their ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice-President, and they 
shall make distinct lists of all persons voted for as President, and 
of all persons voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify, and trans- 
mit sealed to the seat of the government of the United States, 
directed to the President of the Senate; — The President of the 
Senate shall, in presence of the Senate and House of Represent- 
atives, open all the certificates and the votes shall then be counted; 
— The person having the greatest number of votes for President, 
shall be the President, if such number be a majority of the whole 
number of Electors appointed; and if no person have such majority, 
then from the persons having the highest numbers not exceeding 
three on the list of those voted for as President, the House of Repre- 



250 THE SHORT. CONSTITUTION 

sentatives shall choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken by states, the 
representation from each state having one vote; a quorum for this 
purpose shall consist of a member or members from two-thirds 
of the states, and a majority of all the states shall be necessary to 
a choice. And if the House of Representatives shall not choose 
a President whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death or 
other constitutional disability of the President. — The person hav- 
ing the greatest number of votes as Vice-President, shall be the 
Vice-President, if such number be a majority of the whole number 
of Electors appointed, and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of two- 
thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person con- 
stitutionally ineligible to the office of President shall be eligible to 
that of Vice-President of the United States. 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servitude, except as 
a punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject 
to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make 
or enforce any law which shall abridge the privileges or immunities 
of citizens of the United States; nor shall any State deprive any 
person of life, liberty, or property, without due process of law; nor 
deny to any person within its jurisdiction the equal protection of the 
laws. 

Section 2. Representatives shall be apportioned among the sev- 
eral States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the choice of electors 
for President and Vice-President of the United States, Representa- 
tives in Congress, the Executive and Judicial officers of a State, 
or the members of the Legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years of age, and 
citizens of the United States, or in any way abridged, except for 
participation in rebellion, or other crime, the basis of representa- 
tion therein shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any State, 
as a member of any State Legislature or as an executive or judicial 
officer of any state, to support the Constitution of the United States, 
who, having previously taken an oath, as a member of Congress, 



CONSTITUTION OF UNITED STATES 251 

or as an officer of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds of each 
House, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United States nor any 
other State shall assume to pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave; but all such debts, 
obligations and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

ARTICLE XV. 

Section 1. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 

ARTICLE XVI. 

The Congress shall have power to lay and collect taxes on in- 
comes, from whatever source derived, without apportionment among 
the several States, and without regard to any census or enumer- 
ation. 

ARTICLE XVII. 

The Senate of the United States shall be composed of two Sen- 
ators from each State, elected by the people thereof, for six years ; 
and each Senator shall have one vote. The electors in each State 
shall have the qualifications requisite for electors of the most num- 
erous branch of the State legislatures. 

When vacancies happen in the representation of any State in the 
Senate, the executive authority of such State shall issue writs of 
election to fill such vacancies : Provided, That the legislature of any 
State may empower the executive thereof to make temporary ap- 
pointment until the people fill the vacancies by election as the legis- 
lature may direct. 

This amendment shall not be so construed as to affect the elec- 
tion or term of any Senator chosen before it becomes valid as part 
of the Constitution. 

ARTICLE XVIII. 

Section 1. After one year from the ratification of this article the 
manufacture, sale, or transportation of intoxicating liquors within, 
the importation thereof into, or the exportation thereof from the 
United States and all territory subject to the jurisdiction thereof 
for beverages purposes is hereby prohibited. 

Section 2. The Congress and the several States shall have con- 
current power to enforce this article by appropriate legislation. 

Section 3. This article shall be inoperative unless it shall have 
been ratified as an amendment to the Constitution by the legisla- 
tures of the several States, as provided in the Constitution, within 
seven years from the date of the submission hereof to the States by 
the Congress. 



252 THE SHORT CONSTITUTION 

ARTICLE XIX. 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on account 
of sex. 

Congress shall have power to enforce this article by appropriate 
legislation. 



CONSTITUTION OF THE STATE OF IOWA 

(The main purpose of this volume being to provide a course of 
study of individual rights under the constitutional guaranties the 
Constitution of Iowa here presented is abridged, the guaranties of 
the Constitution — the Bill of Rights, being fully presented; the 
provisions and agencies for governmental action, and details of 
administration, being condensed or omitted). 

PREAMBLE. 

We, the People of the State of Iowa, grateful to the Supreme 
Being for the blessings hitherto enjoyed, and feeling our depend- 
ence on Him for a continuation of those blessings, do ordain and 
establish a free and independent government, by the name of the 
State of Iowa, the boundaries whereof shall be as follows: 
(Boundaries denned). 

ARTICLE I. 
BILL OF RIGHTS. 

RIGHTS OF PERSONS. Section 1. All men are, by nature, 
free and equal, and have certain inalienable rights — among which 
are those of enjoying and defending life and liberty, acquiring, 
possessing and protecting property, and pursuing and obtaining 
safety and happiness. 

POLITICAL POWER. Sec. 2. All political power is inherent in 
the people. Government is instituted for the protection, security, 
and benefit of the people, and they have the right, at all times, to 
alter or reform the same, whenever the public good may require it. 

RELIGION. Sec. 3. The General Assembly shall make no law , 
respecting an establishment of religion, or prohibiting the free 
exercise thereof; nor shall any person be compelled to attend any 
place of worship, pay tithes, taxes, or other rates, for building 
or repairing places of worship, or the maintenance of any minis- 
ter, or ministry. 

RELIGIOUS TEST. Sec. 4. No religious test shall be required 
as a qualification for any office or public trust, and no person shall 
be deprived of any of his rights, privileges, or capacities, or dis- 
qualified from the performance of any of his public or private 
duties, or rendered incompetent to give evidence in any court of 
law or equity, in consequence of his opinions on the subject of 
religion; and any party to any judicial proceeding shall have the 
right to use as a witness, or take the testimony of, any other per- 
son, not disqualified on account of interest, who may be cognizant 
of any fact material to the case; and parties to suits may be wit- 
nesses, as provided by law. 

DUELING. Sec. 5. Any citizen of this State who may here- 
after be engaged, either directly, or indirectly, in a duel, either as 
principal, or accessory before the fact, shall forever be disquali- 
fied from holding any office under the Constitution and laws of 
this State. 

LAWS UNIFORM. Sec. 6. All laws of a general nature shall 
have a uniform operation; the General Assembly shall not grant 

253 



254 THE SHORT CONSTITUTION 

to any citizens or class of citizens, privileges or immunities, which, 
upon the some terms shall not equally belong to all citizens. 

LIBERTY OF SPEECH AND THE PRESS. Sec. 7. Every per- 
son may speak, write, and publish his sentiments on all subjects, 
being responsible for the abuse of that right. No law shall be 
passed to restrain or abridge the liberty of speech, or of the press. 
In all prosecutions or indictments for libel, the truth may be given 
in evidence to the jury, and if it appear to the jury that the matter 
charged as libelous was true, and was published with good motives 
and for justifiable ends, the party shall be acquitted. 

PERSONAL SECURITY. Sec. 8. The right of the people to be 
secure in their persons, houses, papers and effects, against un- 
reasonable seizures and searches shall not be violated; and no 
warrant shall issue but on probable cause, supported by oath or 
affirmation, particularly describing the place to be searched, and 
the persons and things to be seized. 

TRIAL BY JURY: DUE PROCESS OF LAW. Sec. 9. The 
right of trial by jury shall remain inviolate; but the General As- 
sembly may authorize trial by jury of a less number than twelve 
men in inferior courts; but no person shall be deprived of life, 
liberty, or property, without due process of law. 

RIGHTS OF PERSONS ACCUSED. Sec. 10. In all criminal 
prosecutions, and in cases involving the life or liberty of an in- 
dividual, the accused shall have a right to a speedy and public 
trial by an impartial jury; to be informed of the accusation against 
him; to have a copy of the same when demanded; to be confronted 
with the witnesses against him; to have compulsory process for his 
witnesses; and, to have the assistance of counsel. 

WHEN INDICTMENT NECESSARY. Sec. 11. All offenses 
less than felony and in which the punishment does not exceed a 
fine of one hundred dollars, or imprisonment for thirty days, shall 
be tried summarily before a Justice of the Peace, or other officer 
authorized by law, on information under oath, without indictment, 
or the intervention of a grand jury, saving to the defendant the 
right of appeal; and no person shall be held to answer for any 
higher criminal offense, unless on presentment or indictment by a 
grand jury, except in cases arising in the army, or navy, or in the 
militia, when in actual service, in time of war or public danger. 

TWICE TRIED: BAIL. Sec. 12. No person shall, after acquit- 
tal, be tried for the same offense. All persons shall, before con- 
viction, be bailable by sufficient sureties, except for capital of- 
fenses where the proof is evident, or the presumption great. 

HABEAS CORPUS. Sec. 13. The writ of habeas corpus shall 
not be suspended, or refused when application is made as required 
by law, unless in case of rebellion, or invasion, the public safety 
may require it. 

MILITARY. Sec. 14. The military shall be subordinate to the 
civil power. No standing army shall be kept up by the State in 
time of peace; and in time of war no appropriation for a standing 
army shall be for a longer time than two years. 

QUARTERING SOLDIERS. Sec. 15. No soldier shall, in time 

of peace, be quartered in any house without the consent of the 

owner, nor in time of war except in the manner prescribed by law. 

TREASON. Sec. 16. Treason against the State shall consist 

only in levying war against it, adhering to its enemies, or giving 



STATE CONSTITUTION 255 

them aid and comfort. No person shall be convicted of treason, 
unless on the evidence of two witnesses to the same overt act, or 
confession in open court. 

BAIL: PUNISHMENTS. Sec. 17. Excessive bail shall not be 
required; excessive fines shall not be imposed, and cruel and un- 
usual punishment shall not be inflicted. 

EMINENT DOMAIN. Sec. 18. Private property shall not be 
taken for public use without just compensation first being made, 
or secured to be made, to the owner thereof, as soon as the damages 
shall be assessed by a jury, who shall not take into consideration 
any advantages that may result to said owner on account of the 
improvement for which it is taken. 

(Amendment). The general assembly, however, may pass laws 
permitting the owners of lands to construct drains, ditches, and 
levees for agricultural, sanitary or mining purposes across the 
lands of others, and provide for the organization of drainage dis- 
tricts, vest the proper authorities with power to construct and 
maintain levees, drains and ditches, and to keep in repair all 
drains, ditches and levees heretofore constructed under the laws of 
the state, by special assessments upon the property benefited there- 
by. The General Assembly may provide by law for the condemna- 
tion of such real estate as shall be necessary for the construction 
and maintenance of such drains, ditches and levees, and prescribe 
the method of making such condemnation. 

IMPRISONMENT FOR DEBT. Sec. 19. No person shall be 
imprisoned for debt in any civil action, or mesne or final process, 
unless in case of fraud; and no person shall be imprisoned for a 
militia fine in time of peace. 

PETITION. Sec. 20. The people have the right freely to as- 
semble together to counsel for the common good; to make known 
their opinions to their representatives; and to petition for a re- 
dress of grievances. 

ATTAINDER: EX POST FACTO LAW: OBLIGATION OF 
CONTRACT. Sec. 21. No bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, shall ever be passed. 

RESIDENT ALIENS: Sec. 22. Foreigners who are, or may 
hereafter become residents of this State, shall enjoy the same 
rights in respect to the possession, enjoyment, and descent of 
property, as native born citizens. 

SLAVERY. Sec. 23. There shall be no slavery in this State; 
nor shall there be involuntary servitude, unless for the punish- 
ment of crime. 

RESERVATION OF RENTS. Sec. 24. No lease or grant of 
agricultural lands, reserving any rent, or service of any kind, shall 
be valid for a longer period than twenty years. 

RIGHTS RETAINED. Sec. 25. This enumeration of rights shall 
not be construed to impair or deny others, retained by people. 

ARTICLE II. 
RIGHT OF SUFFRAGE. 
ELECTORS. Section 1. Every male citizen of the United 
States, of the age of twenty-one years, who shall have been a resi- 
dent of this State six months next preceding election, and of the 
County in which he claims his vote sixty days, shall be entitled to 
vote at all elections which are now or hereafter may be authorized 
by law. 



256 THE SHORT- CONSTITUTION 

PRIVILEGED FROM ARREST, sec. 2. Electors shall, in all 
cases except treason, felony, or breach of the peace, be privileged 
from arrest on the days of election, during their attendance at such 
election, going to and returning therefrom. 

FROM MILITARY DUTY. Sec. 3. No elector shall be obliged 
to perform military duty on the day of election, except in time of 
war, or public danger. 

PERSONS IN MILITARY SERVICE. Sec. 4. No person in the 
military, naval, or marine service of the United States shall be 
considered a resident of this State by being stationed in any garri- 
son, barrack, or military or naval place, or station within the 
state. 

INSANE. Sec. 5. No idiot, or insane person, or person convict- 
ed of any infamous crime, shall be entitled to the privilege of an 
elector. 

BALLOT. Sec. 6. All elections by the people shall be by ballot. 

GENERAL ELECTION. Sec. 7. The general election for state, 
district, county and township officers in the year 1916 shall be held 
in the same month and on the same day as that fixed by the laws 
of the United States for the election of presidential electors, or of 
president and vice-president of the United States; and thereafter 
such election shall be held at such time as the general assembly 
may by law provide. 

ARTICLE III 
OF THE DISTRIBUTION OF POWERS 
DEPARTMENTS OF GOVERNMENT. Section 1. The powers 
of the government of Iowa shall be divided into three separate 
departments, the Legislative, the Executive, and the Judicial; and 
no person charged with the exercise of powers properly belonging 
to one of these departments shall exercise any function appertain- 
ing to either of the others, except in cases hereinafter expressly 
directed or permitted. 

LEGISLATIVE DEPARTMENT 

Under this head the Constitution vests the legislative authority in a General 
Assembly consisting of a Senate and House of Representatives. Biennial sessions 
are provided for, commencing the second Monday in January following the elec- 
tion of its members, who are elected every two years. A representative must be 
twenty-one years of age, and a male citizen of the United States. Senators must 
be twenty-five years of age. They are elected every four years. Their number 
shall not be less than one-third nor more than one-half of the representative 
body, and one-half of the number of Senators shall be elected every two years 
Organization of the General Assembly is provided for, a majority constituting a 
quorum. Senators and Representatives are privileged from arrest during the 
session, except for treason, felony, or breach of peace. Vacancies shall be filled 
by a special election. Every bill passed by the General Assembly is sent to the 
Governor, who has the power to veto, in which event, the bill may be passed by 
two-thirds of the members of each house, notwithstanding the veto. If the bill 
is not returned by the Governor within three days (Sunday excepted) the same 
shall become a law without his signature, except in special instances. 

Impeachment by the House of Representatives and trial thereof by the Senate, 
of Governor, judges, and other State officers, is provided. 

Other provisions include disqualification, compensation, when laws take effect. 
No divorce shall be granted by the General Assembly. Barring sale of lottery 
tickets. No local or special laws shall be passed in certain cases ; laws must be 
general and uniform; prescribing the oath of members; the census shall be taken 



STATE CONSTITUTION 257 

every ten years. Fixing number and apportionment of senatorial and represen- 
tative districts. 

ARTICLE VI.— EXECUTIVE DEPARTMENT 

Article VI provides that the Governor shall be vested with the supreme execu- 
tive power of the State. Provides for his election and term of office — two years. 
Provides for Lieutenant Governor, term of office two years, the election of Gov- 
ernor and Lieutenant Governor by the General Assembly in cases of a tie vote. 
Fixes eligibility ; provides that contested elections for Governor or Lieutenant 
Governor shall be determined by the General Assembly ; that the Governor shall 
be commander in chief of the militia, the army, and navy of this State ; that he 
shall transact executive business, civil and military; that he shall take care that 
the laws are faithfully executed. Gives power to the Governor to fill vacancies 
in any office where no mode is provided by the Constitution of the State. Auth- 
orizes the Governor to convene the General Assembly in special session, and directs 
that the Governor shall communicate by message the condition of the State, and 
recommendations, at every reguar session ; that he may adjourn the Assembly 
where House and Senate cannot agree. Provides for disqualification, compensa- 
tion ; fixes the pardoning power ; duties of Lieutenant Governor. Provides that 
the president pro tempore shall perform certain duties of Lieutenant Governor. 
Provides for the seal of the State of Iowa, and the use thereof. The form of 
grants and commissions, and the election and term of office for two years of 
secretary, auditor, and treasurer of State. 

ARTICLE V.— JUDICIAL DEPARTMENT 
The Constitution here provides that "The judicial power shall be vested in a 
supreme court, district court, and such other courts, inferior to the supreme 
court, as the general assembly may, from time to time, establish." Fixes the num- 
ber of judges of the Supreme Court, their election, qualification, and jurisdiction. 

Provides that the district court shall consist of a single judge ; fixes his term of 
office four years. Makes him ineligible to any other office except that of judge 
of the Supreme Court, during the term for which he was elected. Prescribes the 
jurisdiction of the district court. Makes the judges of the Supreme Court and 
district court conservators of the peace. Names the salary of judges ; the style 
of all process: Divides the state into judicial districts and (by amendment) pro- 
vides that the General Assembly may reorganize and increase the number of 
districts. Authorizes the election of an attorney general, whose term shall be 
two years, and makes it the duty of the General Assembly to provide a general 
system of practice in all courts of the State. 
SECTION 15 of this article provides— 
"The grand jury may consist of any number of members not less than five, 
nor more than fifteen, as the general assembly may by law provide, or the gen- 
eral assembly may provide for holding persons to answer for any criminal offense 
without the intervention of the grand jury." 

ARTICLE VI.— MILITIA. 

This article of the Constitution provides that all able-bodied male citizens between 
the ages of eighteen and forty-five shall compose the militia of the State ; but 
provides that no person "conscientiously scrupulous of bearing arms, shall be 
compelled to do military duty in time of peace." Prescribes the method of elec- 
tion of officers of the militia, and that they shall be commissioned by the Governor. 

ARTICLE VII.— STATE DEBTS 

Article VII of the Constitution specifically states that "the credit of the state 
shall not, in any manner, be given or loaned to, or in aid of, any individual, asso- 
ciation, or corporation ; and the state shall never assume, or become responsible 
for the debts or liabilities of any individual, association, or corporation, unless 
incurred in time of war for the benefit of the state." Then by general and specific 
provisions, powers and limitations of the State with reference to public debts 
and obligations, school funds, University funds, war debts, etc. are fixed. 

It is provided that certain debts cannot be contracted except upon affirmative 
vote of the people. It gives the power to the legislature to repeal the same if no 
debt has been contracted in pursuance thereof, and to forbid the contracting of 
further debt or liability. 



258 THE SHORT CONSTITUTION 



ARTICLE VIII.— CORPORATIONS. 

Article VIII provides that no corporation shall be created by special laws; but 
the General Assembly shall provide by general laws for the organization of cor- 
porations. It then provides for taxation ; that the State shall not be a stockholder 
of any corporation, nor assume or pay debts or liability of a corporation "unless 
incurred in time of war for the benefit of the state." Prohibits political or 
municipal corporations from becoming stockholders in any banking corporation;, 
specifically prohibits the General Assembly from authorizing or creating cor- 
porations or associations with banking powers, unless approved by a vote of the 
people. Subject to these provisions, directs that the General Assembly may pro- 
vide for the establishment of a State bank with branches. Designates certain rules 
and requirements as to registration and countersigning of all bills or paper 
credit designed to circulate as money. Provides for the deposit of security therefor 
and the kind thereof. 

Under this article, stockholders in a banking corporation or institution are 
made individually responsible and liable to its creditors to an amount equal to the 
shares of stock held. Fixes preference of bill holders over its other creditors 
in case of insolvency, and specifically bars the suspension of specie payments by 
banking institutions ; and authorizes the general assembly by a vote of two-thirds 
of each branch thereof, to amend or repeal all laws for the organization or cre- 
ation of corporations. 

ARTICLE IX.— EDUCATION AND SCHOOL LANDS. 

Here the Constitution in detail provides for board of education, the selection 
thereof, meetings, secretary, rules and regulations, expenses, compensation, 
school funds and school lands, control and sale of lands. Directs the application of 
the proceeds thereof. Provides that fines collected in the courts shall be applied 
to school purposes. Requires the organization of a system of common schools 
and of the State University, and fixes the methods by which school funds shall 
be distributed in the school districts, in proportion to the number of youths, 
between the ages of five and twenty-one years, in such manner as may be pro- 
vided by General Assembly. 

ARTICLE X.— AMENDMENTS TO THE CONSTITUTION 

Under this article, amendments to the Constitution may be proposed in either 
house of the General Assembly, and if agreed to by a majority of the members 
elected to each of the two houses, the same shall be entered on their journals, and 
referred to the legislature chosen at the next general election, and shall be pub- 
lished, and if in the next General Assembly the same shall be agreed to by a 
majority of the members elected to each house, then the same shall be sub- 
mitted to the people at such time, and in such a manner at the General Assembly 
shall provide ; and if approved by a majority of the electors voting thereon, such 
amendment or amendments shall become part of the Constitution of the State. 

This article requires that at the general election in the year 1878, and in 
each tenth year thereafter, there shall be submitted to the voters of the State 
the question "Shall there be a convention to revise the constitution and amend 
the same." If a majority of electors decide in favor of a convention, the General 
Assembly at its next session shall provide for the election of delegates to such 
convention. 

ARTICLE XII.— MISCELLANEOUS 

This article prescribes the jurisdiction of a justice of peace ; the organi- 
zation of counties ; the limitation of indebtedness of political or municipal corpor- 
ations ; enlargement of state boundaries ; oath of office ; filling of vacancies ; limi- 
tation upon location of land grants, and specifically provides "The seat of govern- 
ment is hereby permanently established, as now fixed by the law, at the City of 
Des Moines, in the county of Polk ; and the State University at Iowa City, County 
of Johnson." 

ARTICLE XII.— SCHEDULE 

SUPREME LAW. Section 1. This Constitution shall be the Supreme Law of 
the State, and any law inconsistent therewith, shall be void. The General Assembly 
shall pass all laws necessary to carry this Constitution into effect. 



STATE CONSTITUTION 259 

This article further provides, that laws then existing, not inconsistent with 
the Constitution, shall remain in force. The pending proceedings in courts shall 
proceed to judgment. The first election of Governor and Lieutenant Governor is 
provided for. A proposition to strike out the word "white" from the article 
on the "right of suffrage" was directed to be submitted to a vote of the people 
upon a separate ballot to be voted upon with the proposal for the Constitution as 
adopted in convention at Iowa City, the fifth day of March, 1857. 



